Sobriety checkpoints typically involve law enforcement setting up a roadblock on a public road and either stopping every single vehicle or each vehicle in a pattern (e.g. every third or fourth vehicle) to investigate if the operator is too impaired to drive due to...
DUI Offenses
What Does It Mean To “Operate” A Motor Vehicle For Purposes of Michigan’s DUI Statutes?
by Kershaw, Vititoe & Jedinak, PLC | Nov 13, 2019 | DUI Offenses
Most people think they have a good idea of what it means to "operate" a vehicle when accused of drunk driving. They usually envision the typical scenario of a police officer driving behind a vehicle on a highway that is swerving between the lanes. The police officer...
Can You Be Charged With DUI On A Bicycle In Michigan?
by Kershaw, Vititoe & Jedinak, PLC | Oct 30, 2019 | DUI Offenses
Everyone knows that if you have consumed enough alcohol to be in excess of the legal limit and drive an automobile, motorcycle or truck on the open road, you can be charged and perhaps convicted with operating while intoxicated. But what about other means of...
U.S. Supreme Court Upholds Warrantless Blood Draw From Unconscious Motorist After DUI Stop
by Kershaw, Vititoe & Jedinak, PLC | Jul 12, 2019 | DUI Offenses
On June 27th, 2019, the U.S. Supreme Court released its opinion in Mitchell v. Wisconsin, ___ U.S. ___ (2019) holding in a very close 5-4 decision that the police officer's warrantless seizure of a blood draw from an unconscious drunk driving suspect did not violate...
What Should You Do When You Are Pulled Over By The Police?
by Kershaw, Vititoe & Jedinak, PLC | May 26, 2019 | 4th Amendment, 5th Amendment, 6th Amendment, Criminal Law, Criminal Procedure, DUI Offenses, Traffic Offenses
One of the most unpleasant experiences faced by many drivers comes when you see the red and blue flashing lights in our rearview mirror. Many times, you already have an idea about why you are being pulled over; sometimes, you don't. Regardless, how handle that...
What Are The Penalties For Operating With Any Bodily Alcohol Content Under Age 21? (“Zero Tolerance”) – MCL 257.625(6)
by Kershaw, Vititoe & Jedinak, PLC | Sep 28, 2018 | DUI Offenses
Teenagers are high-risk drivers on public roads because they often lack the experience to deal with all the situations that a driver of any age might face. If this inexperience is coupled with the consumption of alcohol, then the odds of a catastrophe occurring will...
What Are The Penalties For Operating A Commerical Vehicle With An Unlawful Bodily Alcohol Content (UBAL) In Michigan? – MCL 257.625m
by Kershaw, Vititoe & Jedinak, PLC | Sep 21, 2018 | DUI Offenses
Commercial motor vehicle drivers are held to a higher standard than regular drivers because of the greater injuries or deaths that can result from collisions with their large vehicles. Obtaining and keeping a Commercial Driver's License (CDL) requires more knowledge...
What Are The Penalties For Operating With High Bodily Alcohol Content In Michigan? (“Superdrunk Law”) – MCL 257.625(1)(c)
by Kershaw, Vititoe & Jedinak, PLC | Sep 14, 2018 | DUI Offenses
The so-called "super drunk" law was passed by the Michigan Legislature in 2008 and took effect on October 31st, 2010. The law was passed to target the drunkest drivers (0.17 BAC or higher) who are usually at fault for the deadliest crashes. Generally, it enhances the...
What Are The Penalties For Operating While Visibly Impaired (OWVI) in Michigan? – MCL 257.625(3)
by Kershaw, Vititoe & Jedinak, PLC | Sep 7, 2018 | DUI Offenses
Operating while visibly impaired has the least severe consequences of all the drunk driving offenses you could be charged with in Michigan. The prosecutor may sometimes offer the opportunity to plead guilty to this offense in exchange for the dismissal of an operating...
What Are The Penalties For Operating While Intoxicated (OWI/OWPD) in Michigan? – MCL 257.625(1)
by Kershaw, Vititoe & Jedinak, PLC | Aug 9, 2018 | DUI Offenses
The days when a drunk driver would spend a night sobering up in jail and be released the next day with a fine are long past. A conviction for operating while intoxicated in Michigan can have significant criminal penalties, stiff financial obligations and severe...
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