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Ann Arbor DUI/DWI/OWI Law Blog

Drunk or 'Super Drunk'? The difference matters for DUI

Once you cross the 0.08 blood alcohol content line, getting behind the wheel of a car is asking for trouble. But in many states, there's another BAC line you should be aware of. In Michigan, there are especially steep penalties for drunk driving with a BAC of 0.17.

If a drunk driver falls into this "super drunk" category, the consequences can be much steeper than after a conviction with a lower BAC. Here are some potential consequences of a first offense of driving while "super drunk":

Miranda rights are meaningless if they are mistranslated

It has been 50 years since the U.S. Supreme Court ruled in Miranda v. Arizona that all criminal suspects must be advised of their rights before being questioned. The country was nowhere near as diverse as it is now, so the importance of informing individuals of their legal rights in their native language was not as much of a concern.

Today, with large Latino immigrant populations living in cities across the U.S., the notion that a person who is being arrested may not fully understand the rights being explained to him or her is more of a reality. In fact, evidence shows that Spanish-speaking defendants have been read incorrect or mistranslated versions of their rights in a number of cases throughout the U.S, which has resulted in confusion and convictions being overturned.

Washtenaw County DUI Trial Overview

Washtenaw County DUI Trial Overview.jpgMost DUI cases are resolved prior to going to trial. A DUI trial is the government's opportunity to argue its case in hopes of obtaining a guilty verdict. A trial also allows the defendant the opportunity to contest the prosecutor's evidence and assert his/her own defense. At the conclusion of both sides presenting their argument, the judge or a jury will either find the defendant guilty or not guilty. Read on to learn more about Washtenaw County DUI trial overview.

Under the Legal Limit - Drunk Driving Arrest

Under the Legal Limit - Drunk Driving Arrest.pngIn Michigan, operating a motor vehicle while intoxicated can lead to criminal penalties. For example, you can be charged with an OWI (commonly referred to as a DUI) if you drive with a blood alcohol content (BAC) above the legal limit of .08%. In addition, you can also be arrested for impaired driving if you operate a motor vehicle while under the influence of alcohol. This means you are substantially and materially affected by alcohol.

Traverse County Commissioner Charged with Drunk Driving

Traverse County Commissioner Charged with Drunk Driving.pngChristine Maxbauer, the Chair of the Grand Traverse Board of Commissioners, was recently charged with drunk driving. She had a blood alcohol content (BAC) of twice the legal limit upon hitting a parked car in downtown Traverse City. Maxbauer remained at the scene following the accident and waited for the police to arrive. She took a breath test that resulted in a preliminary BAC of .16%. Maxbauer has been released on $2,500 bond and is required to take twice-daily breathalyzer tests.

DUI for Sleeping "it off" in the Car

DUI for Sleeping it off in the Car.jpgBelieve it or not, you can get a DUI for sleeping "it off" in the car. According to Michigan law, a driver could be arrested for a DUI if he/she is found sleeping inside his/her vehicle while intoxicated. A key consideration as to whether an arrest will be made depends on a few factors. Read on to learn more.