Michigan House Bill NO. 4391

Michigan House Bill NO. 4391

May 8, 2025 | Drugged Driving, DUI, DUI First Offense, DUI Second Offense, DUI Super Drunk, DUI Third Offense, Michigan DUI Criminal Defense Attorney Michael Komorn

It may just be easier to collect and analyze tears.

This legislation seeks to integrate saliva testing for cannabis within law enforcement procedures, designating a refusal to participate in this testing as a criminal offense, similar to the penalties imposed for declining an alcohol-related preliminary breath test.

  • Crimes: intoxication or impairment
  • Criminal procedure: evidence
  • Traffic control: traffic regulation Crimes: intoxication or impairment; methods of testing intoxication or impairment in the Michigan vehicle code; expand to include other bodily fluid.

Amends secs. 625a, 625c & 625g of 1949 PA 300 (MCL 257.625a et seq.). TIE BAR WITH: HB 4390’25

Below is the text to the introduced bill.
If you are from the future you can see updates here.

Komorn Law

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A bill to amend 1949 PA 300, entitled

“Michigan vehicle code,”

by amending sections 625a, 625c, and 625g (MCL 257.625a, 257.625c, and 257.625g), sections 625a and 625g as amended by 2021 PA 85 and section 625c as amended by 2014 PA 315.

THE “PEOPLE OF THE STATE OF MICHIGAN” ENACT:

Sec. 625a. (1) A peace officer may arrest a person without a warrant under either of the following circumstances:

(a) The peace officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section 625 or a local ordinance substantially corresponding to section 625.

(b) The person is found in the driver’s seat of a vehicle parked or stopped on a highway or street within this state if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of section 625 or a local ordinance substantially corresponding to section 625.

(2) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state and that the person by the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of them may have affected his or her the person’s ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the state while the person’s blood, breath, or urine, or other bodily fluid contained any measurable amount of alcohol, a controlled substance, or any other intoxicating substance or while the person had any detectable presence of alcoholic liquor, a controlled substance or any other intoxicating substance, or any combination of them, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state while the person had any bodily alcohol content as that term is defined in section 625(6), may require the person to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis.

The following provisions apply to a preliminary chemical breath analysis or a preliminary oral fluid analysis administered under this subsection:

(a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis or a preliminary oral fluid analysis.

(b) The results of a preliminary chemical breath analysis or a preliminary oral fluid analysis are admissible in a criminal prosecution for a crime enumerated in section 625c(1) or in an administrative hearing for 1 or more of the following purposes:

(i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence offered to establish the validity of an arrest.

(ii) As evidence of the defendant’s breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant’s breath alcohol content was higher at the time of the charged offense than when a chemical test was administered under subsection (6).

(iii) As evidence of the defendant’s breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant’s breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under subsection (6).

(iv) As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that a preliminary oral fluid analysis of the defendant’s oral fluid showed the presence of a controlled substance that was not found to be present when a chemical test of the defendant’s blood, urine, or other bodily fluid was administered under subsection (6).

(v) As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that a preliminary oral fluid analysis of the defendant’s oral fluid showed no presence of a controlled substance that was found to be present when a chemical test of the defendant’s blood, urine, or other bodily fluid was administered under subsection (6).

(c) A person who submits to a preliminary chemical breath analysis or a preliminary oral fluid analysis remains subject to the requirements of sections 625c, 625d, 625e, and 625f for purposes of chemical tests described in those sections.

(d) Except as provided in subsection (5), a person who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a lawful request by a peace officer is responsible for a civil infraction.

(3) A peace officer shall use the results of a preliminary chemical breath analysis or a preliminary oral fluid analysis conducted under this section to determine whether to order a person out-of-service under section 319d. A peace officer shall order out-of-service as required under section 319d a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under section 319d.

(4) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis under this section must be advised that refusing a peace officer’s request to take a test described in this section is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service order.

(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis or a preliminary oral fluid analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.

(6) The following provisions apply to chemical tests and analysis of a person’s blood, breath, urine, or breath, other bodily fluid other than a preliminary chemical breath analysis:

(a) The amount of alcohol or presence of a controlled substance or other intoxicating substance in a driver’s blood, or urine, or other bodily fluid or the amount of alcohol in a person’s breath at the time alleged as shown by chemical analysis of the person’s blood, breath, urine, or breath other bodily fluid is admissible into evidence in any civil or criminal proceeding and is presumed to be the same as at the time the person operated the vehicle.

(b) A person arrested for a crime described in section 625c(1) must be advised of all of the following:

(i) If he or she the person takes a chemical test of his or her the person’s blood, breath, urine, or breath other bodily fluid administered at the request of a peace officer, he or she the person has the right to demand that a person of his or her the person’s own choosing administer 1 of the chemical tests.

(ii) The results of the test are admissible in a judicial proceeding as provided under this act and will be considered with other admissible evidence in determining the defendant’s innocence or guilt.

(iii) He or she The person is responsible for obtaining a chemical analysis of a test sample obtained at his or her the person’s own request.

(iv) If he or she the person refuses the request of a peace officer to take a test described in subparagraph (i), a test must not be given without a court order, but the peace officer may seek to obtain a court order.

(v) Refusing a peace officer’s request to take a test described in subparagraph (i) will result in the suspension of his or her the person’s operator’s or chauffeur’s license and vehicle group designation or operating privilege and in the addition of 6 points to his or her the person’s driver record.

(c) A sample or specimen of breath, urine, or breath other bodily fluid must be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under section 16215 of the public health code, 1978 PA 368, MCL 333.16215, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer’s request to determine the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless the withdrawal or analysis is performed in a negligent manner.

(d) A chemical test described in this subsection must be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section 625c(1). A person who takes a chemical test administered at a peace officer’s request as provided in this section must be given a reasonable opportunity to have a person of his or her the person’s own choosing administer 1 of the chemical tests described in this subsection within a reasonable time after his or her the person’s detention. The test results are admissible and must be considered with other admissible evidence in determining the defendant’s innocence or guilt. If the person charged is administered a chemical test by a person of his or her the person’s own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.

(e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood or other bodily fluid is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.

(f) If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent’s blood or other bodily fluid must be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance or other intoxicating substance, or any combination of them, in the decedent’s blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to the department of state police.

(g) The department of state police shall promulgate uniform rules in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis or preliminary oral fluid analysis may be used for a chemical test described in this subsection if approved under rules promulgated by the department of state police.

(7) The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon any of the following questions:

(a) Whether the person was impaired by, or under the influence of, alcoholic liquor, a controlled substance or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

(b) Whether the person had an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28), the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) If the person is less than 21 years of age, whether the person had any bodily alcohol content within his or her the person’s body. As used in this subdivision, “any bodily alcohol content” means either of the following:

(i) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28), the person had an alcohol content of 0.02 grams or more but less than 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(ii) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than the consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.

(8) If a chemical test described in subsection (6) is administered, the test results must be made available to the person charged or the person’s attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least 2 days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.

(9) A person’s refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in section 625c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant’s innocence or guilt. The jury must be instructed accordingly.

(10) As used in this section:

(a) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) “Intoxicating substance” means that term as defined in section 625.

Sec. 625c. (1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her the person’s blood, breath, or urine, or other bodily fluid for the purpose of determining the amount of alcohol or presence of a controlled substance or other intoxicating substance, or any combination of them, in his or her the person’s blood, or urine, or other bodily fluid or the amount of alcohol in his or her the person’s breath in all of the following circumstances:

(a) If the person is arrested for a violation of section 625(1), (3), (4), (5), (6), (7), or (8), section 625a(5), or section 625m or a local ordinance substantially corresponding to section 625(1), (3), (6), or (8), section 625a(5), or section 625m.

(b) If the person is arrested for a violation of section 601d, section 626(3) or (4), or manslaughter, or murder resulting from the operation of a motor vehicle, and the peace officer had reasonable grounds to believe the person was operating the vehicle in violation of section 625.

(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.

(3) The tests shall must be administered as provided in section 625a(6).

(4) As used in this section:

(a) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) “Intoxicating substance” means that term as defined in section 625.

Sec. 625g. (1) If a person refuses a chemical test offered under section 625a(6), the peace officer who requested the person to submit to the chemical test shall comply with subdivisions (a) and (b). If a person submits to the chemical test or a chemical test is performed under a court order and the test reveals an unlawful alcohol content, or the presence of a controlled substance or other intoxicating substance, or any combination of them, the peace officer who requested the person to submit to the test shall do all of the following, other than subdivision (b)(i):

(a) On behalf of the secretary of state, immediately confiscate the person’s license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit must be on a form provided by the secretary of state.

(b) Except as provided in subsection (2), immediately do all of the following:

(i) Forward a copy of the written report of the person’s refusal to submit to a chemical test required under section 625d to the secretary of state.

(ii) Notify the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the person.

(iii) Destroy the person’s driver license or permit.

(2) If a person submits to a chemical test offered under section 625a(6) that requires an analysis of blood, or urine, or other bodily fluid and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection (1)(a) and (b)(ii) and indicate in the notice under subsection (1)(b)(ii) that a subsequent chemical test is pending. If the report reveals an unlawful alcohol content, or the presence of a controlled substance or other intoxicating substance, or any combination of them, the peace officer who requested the person to submit to the test shall immediately comply with subsection (1)(b)(iii). If the report does not reveal an unlawful alcohol content, or the presence of a controlled substance or other intoxicating substance, or any combination of them, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person’s license or permit by first-class mail to the address provided at the time of arrest.

(3) A temporary license or permit issued under this section is valid for 1 of the following time periods:

(a) If the case is not prosecuted, for the earlier of 90 days after issuance or until the person’s license or permit is suspended under section 625f. The prosecuting attorney shall notify the secretary of state if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the secretary of state if a case is not referred to the prosecuting attorney for prosecution.

(b) If the case is prosecuted, until the criminal charges against the person are dismissed, the person is acquitted of those charges, or the person’s license or permit is suspended, restricted, or revoked.

(4) As used in this section:

(a) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

(b) “Intoxicating substance” means that term as defined in section 625.

(c) “Unlawful alcohol content” means any of the following, as applicable:

(i) If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(ii) If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(iii) If the person tested is not a person described in subparagraph (i) or (ii), 0.08 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under section 625(28), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 4390 (request no. H00111’25) of the 103rd Legislature is enacted into law.

April 24, 2025, Introduced by Reps. Rogers, BeGole, Prestin, Rigas, Borton, Woolford, Harris, Mueller, St. Germaine, DeBoyer, Schmaltz, Meerman, Outman, Mentzer, Longjohn, Wortz, Markkanen, Wozniak, McFall, Robinson, Fairbairn, Bruck, Scott, Greene, T. Carter, Linting, Miller, VanderWall, Aragona and Kunse and referred to Committee on Government Operations.

Kommorn Law – Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Charged with DUI from Cannabis and this Ends up on the Report

Charged with DUI from Cannabis and this Ends up on the Report

May 27, 2023 | Blog, DUI, Michigan DUI Criminal Defense Attorney Michael Komorn

So you got pulled over and charged with DUI from Cannabis use and this ends up on the report 11-Nor-9-carboxy-Δ9-tetrahydrocannabinol (11-COOH-THC or THC-COOH) as part of the test results. What is it??

Here’s what they say

11-Nor-9-carboxy-Δ9-tetrahydrocannabinol (11-COOH-THC or THC-COOH), often referred to as 11-nor-9-carboxy-THC or THC-11-oic acid, is the main secondary metabolite of tetrahydrocannabinol (THC) which is formed in the body after cannabis is consumed.

11-COOH-THC is formed in the body by oxidation of the active metabolite 11-hydroxy-THC (11-OH-THC) by liver enzymes. It is then metabolized further by conjugation with glucuronide, forming a water-soluble congener which can be more easily excreted by the body.

11-COOH-THC has a long half-life in the body of up to several days (or even weeks in very heavy users), making it the main metabolite tested for blood or urine testing for cannabis use.

Fight your DUI case and move on – Call Komorn Law 248-357-2550 – For all driving cases.

Some jurisdictions where cannabis use is decriminalized or permitted under some circumstances use such tests when determining whether drivers were legally intoxicated and therefore unfit to drive, with the comparative levels of THC, 11-OH-THC and 11-COOH-THC being used to derive a “blood cannabis level” analogous to the blood alcohol level used in prosecuting impaired drivers.

While 11-COOH-THC does not have any psychoactive effects in its own right, it may still have a role in the analgesic and anti-inflammatory effects of cannabis, and has also been shown to moderate the effects of THC itself which may help explain the difference in subjective effects seen between occasional and regular users of cannabis.

Learn More Here

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Get Trained on Michigan’s New Breathalyzer Test Machine

Get Trained on Michigan’s New Breathalyzer Test Machine

Mar 23, 2023 | Blog, Michigan DUI Criminal Defense Attorney Michael Komorn

  • When:  May 5 & 6, 2023 from 9:00 a.m. Friday through 5:00 p.m. Saturday
  • Where:  In Person Seminar at The Hilton Garden Inn, Downtown Detroit
  • Register here:  TICKETS

Did you know that the MSP is rolling out a new breath test system during 2023?

Learn about the Intoxilizer 9000 before Law Enforcement does.

This two-day training will be taught by expert, Matthew E. Malhiot of Forensic Alcohol Consulting and Training, LLC. In addition to covering the same information law enforcement will receive about how to administer the Intoxilyzer 9000, Mr. Malhiot will cover the ins and outs of the new machine and its limitations. You will receive the training that law enforcement officials will be receiving, but then you will learn much more than will be covered with law enforcement. You will be able to utilize this knowledge to immediately help your clients in and out of court. Digital training materials will be included.

The board members of the Michigan Association of OWI Attorneys have put together this in-person seminar to better their own practices, as well as for those who practice drunk driving law throughout the state.

The registration fee covers breakfast and lunch on both Friday and Saturday, ongoing beverage and snack service, as well as entry to Friday evening entertainment. The Michigan Association of OWI Attorneys is a not-for-profit association that can provide CLE credits for this training (one credit per hour you attend for a total of 14). If you are a member of Michigan Association of OWI Attorneys, you can take advantage of a discounted rate for this and every seminar, as well as FREE webinars! Need to become a member? Go to www.miaowia.us and click on ‘Become A Member’.

A room block is available for reservations at the training location: The Hilton Garden Inn Downtown Detroit:

The deadline to receive the discount rate is April 5, 2023 so don’t delay!

If you have questions on registration or the training, please contact Jenn at Jenn.miaowia@gmail.com or (517) 420-1612.

Register Information

If you or someone you know has been accused of a crime or DUI.
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In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.

Michigan SOS License Infractions and Sanctions

Michigan SOS License Infractions and Sanctions

Jun 1, 2022 | Blog, Michigan DUI Criminal Defense Attorney Michael Komorn, Stoned Driving

Walking – It’s still a right for now. Driving is another story. That is for the privileged. You must fight for that privilege when the system is in the process to take it away. Your best defense is a good offense. Komorn Law PLLC is the firm you hire when you want to go on the offense to put the system on defense. Yes that was some marketing we slipped in. Carry on…

Dangerous, negligent, or careless driving behavior can result in both serious legal consequences and the temporary or permanent loss of driving privileges.

License suspension

If a driver’s license is suspended, an individual’s driving privileges are temporarily withdrawn for a specific period and may be reinstated once the terms of the suspension are fulfilled. Because a driver’s license renewal transaction is required you must visit a Secretary of State Branch office to get your license reinstated.

License revocation

If a driver’s license is revoked, an individual’s driving privileges are terminated and can only be reinstated if the individual meets eligibility requirements and any conditions or terms set forth in a hearing facilitated through the Michigan Department of State.

Common causes for suspension or revocations

Six Points:

  • Manslaughter, negligent homicide, or other felony involving use of a motor vehicle
  • Operating under the influence of liquor or drugs
  • Failing to stop and give identification at the scene of a crash
  • Reckless driving
  • Unlawful bodily alcohol content of 0.08 or more
  • Refusal to take a chemical test
  • Fleeing or eluding a police officer

Four Points:

  • Drag racing
  • Operating while visibly impaired
  • Under age 21 with any bodily alcohol content
  • 16 mph or more over the legal speed limit
  • Failure to yield/show due caution for emergency vehicles

Three Points:

  • Careless driving
  • Disobeying a traffic signal or stop sign or improper passing
  • 11 through 15 mph over the legal speed limit
  • Failure to stop at railroad crossing
  • Failure to stop for a school bus or for disobeying a school crossing guard

Two Points:

  • Open alcohol container in vehicle
  • All other moving violations of traffic laws
  • Refusal of Preliminary Breath Test (PBT) by a driver under age 21


NOTE: Snowmobile and off-road vehicle (ORV) alcohol-conviction points are placed on a driver record and may result in licensing action against your driving privileges even though the violation happened while operating a snowmobile or ORV.

If you or someone you know has been accused of a crime, DUI or Drugged Driving.
Call Komorn Law PLLC and turn your defense into an offense.
Call Now 248-357-2550

Understanding the hearings process

Due to COVID-19 social distancing requirements there are NO LIVE (IN-PERSON) hearings being held at this time. Until further notice ALL OHAO hearings are being held via video conferences using Microsoft Teams.

  • If you have not already done so, please download the free Microsoft Teams app now. DO NOT REGISTER or LOGIN.
  • Review the Notice of Hearing to find the name of the hearing officer assigned to your hearing.
  • Locate the name of the assigned hearing officer on the list below.
  • Follow the link below the name of the assigned hearing officer that says (Follow this link to join the meeting) join as a guest using your first/last name.
  • Make sure to enable your camera and microphone icons found at the bottom center.
  • You must access this link from the device you intend to use.
  • This is a formal hearing, and you should be in a quiet location by yourself and have a clear table/area in front of you that is free from any documents.

PLEASE FOLLOW THE LINK BELOW AND SELECT THE HEARING OFFICER FROM YOUR LETTER

OHAO Hearing MS Teams Link

Drug and alcohol related suspensions and revocations

If your driver’s license was suspended or revoked due to a drug or alcohol related offense, you will want to familiarize yourself with the following programs and information as you work to restore your driving privileges.

  • Ignition interlock information
  • Sobriety court
  • High blood alcohol content (BAC) offenses
  • Habitual alcohol offender information

Ignition interlock manufacturers list

Driver assessment and reexamination 

Older drivers, drivers with numerous crash histories, drivers who may have been referred for health reasons after a license suspension, or as a result of a hearing may need to submit to a safe driving assessment and reexamination process.

Driver assessment

The privilege to drive is often taken for granted, but you may lose your privilege to drive for many reasons. The Secretary of State’s Driver Assessment Section is responsible for conducting driver reexaminations as authorized by the Michigan Vehicle Code. The purpose of a reexamination is to determine your ability to drive safely and if any licensing controls should be imposed.Michigan law allows for a driver reexamination based upon one or more of the following criteria:

  • You have received tickets while on probation.
  • The Secretary of State has reason to believe that you cannot operate a motor vehicle safely due to a mental or physical condition.
  • You have been involved in a fatal crash.
  • You have been involved in three or more traffic crashes within a two-year period where the crash report indicates you were at fault.
  • You have accumulated 12 or more points within a two-year period.
  • You have been convicted of violating the restrictions, terms, or conditions of your license.

Driver reexamination

Michigan law authorizes the Department of State to reexamine a driver when there is reason to believe the driver may be unable to operate a motor vehicle safely. The Department relies on information from law enforcement, medical personnel, Secretary of State branch staff, and concerned citizens, including family members, to identify unsafe drivers. The Department of State provides a form, called a Request for Driver Evaluation (DA-88), that can be completed and submitted to the Driver Assessment Section to request a review of an individual’s driving skills. This form is available at your local Secretary of State branch office or by clicking the link here.

Basic Driver Improvement Course

The Basic Driver Improvement Course program allows eligible drivers to take a refresher course of basic traffic safety principles. Drivers who successfully complete the BDIC through an approved sponsor can avoid points or ticket information from being reported to their insurance company.

BDIC eligibility

You will receive a letter in the mail if you are eligible for this program. You may be eligible if you were ticketed on or after December 31, 2010, and:

  • You have a valid Michigan, non-commercial license, with two or fewer points on your record,
  • The violation was not in a Commercial Motor Vehicle,
  • The violation was not a criminal offense,
  • The ticket you received is eligible (e.g., must be for three or fewer points, not for careless or negligent driving, etc.)

Tickets eligible for BDIC

BDIC requirements

The course requires a minimum four hours of study before the first attempt to pass the final test. This refresher course can improve safety for all Michigan drivers. Eligible drivers have 60 days to arrange for and successfully complete the BDIC. The course completion deadline is listed on the notice of eligibility. Eligible drivers should begin the BDIC well before the deadline to ensure it can be completed before the deadline. The approved sponsor will notify the Secretary of State of course results.

Course options

BDIC are offered both online and in classroom settings by sponsors approved by the Michigan Department of State. Each sponsor uses a program that is based on a curriculum for which there is documented evidence from a federal, state, or local government agency of course effectiveness in reducing collisions, moving violations or both. Prices may vary.

The State of Michigan does not endorse any sponsor. Course sponsors are solely responsible for reporting results in a timely manner.

Please select your preferred method of taking your Basic Driver Improvement Course - Online or Classroom. 

Frequently asked questions (FAQs)

What are the potential outcomes of my driving reexamination?

At the conclusion of your driver assessment reexamination, your license may be unaffected, or it may be restricted, suspended, or revoked depending on several factors. These factors include the type of violation or unsafe driving behavior involved, your driver record, and your willingness to comply with assessment recommendations and requirements.

License restrictions allow you to drive under certain terms and conditions that will be stated on your restricted license. A license suspension means that your driving privileges are taken away for a determined period of time, ranging from days to months. A license revocation means that you must wait one to five years before you are eligible to reapply for possible re-licensure. If your license is restricted, suspended, or revoked, you will be given your appeal rights and licensing reinstatement information.

What do I do if I need a reexamination of my driving skills?

If you are scheduled for a driver assessment reexamination, whether through a referral or mandated by the terms of a suspension, you will receive a notice telling you when and where to appear. Your reexamination will include time for the driver assessment analyst to review your driver record and discuss your driving behavior with you. You may be required to pass vision and knowledge tests as well as an on-road performance test. You may also be required to provide a medical or vision statement for review.

Source: https://www.michigan.gov/sos/license-id/license-restoration

It is recommended to check for a second source and research updates to anything you read on the internet

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This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.

Have you been issued a summons, a citation or arrested for any of these or any crimes related to these…?

Have you been issued a summons, a citation or arrested for any of these or any crimes related to these…?

Jun 7, 2018 | Blog, Michigan DUI Criminal Defense Attorney Michael Komorn

Have you been issued a summons, a citation or arrested for any of these or any crimes related to these...?

Operating while intoxicated (OWI)

Operating with any presence of a Schedule I drug or cocaine (DUID)

Operating under the influence of liquor (OUIL)

Operating while visibly impaired (OWVI)

Operating a vehicle while being under 21 with any alcohol content

Minor in possession of Drugs or Alcohol (MIP)

These are serious criminal offenses that can ruin your employment, cost you tens of thousands of dollars in fines and suspend your drivers license for months or possibly years.

If you can't drive...

You could lose your job

You could lose your children

You could lose your friends

You could lose your freedom

You should have a lawyer in your corner to mitigate your exposure of jeopardy.

Prosecutors and judges  will not be going "easy" on you if you plead guilty without a lawyer, they say that to get a plea, and then just beat you down with the maximum penalties.

The Komorn Law firm will find the mistakes, inaccuracies and omissions with the prosecutor's case against you while doing a dive deep into the specific details and circumstances to find the most favorable outcome. We will do the best to minimize your liabilities while maximizing your defenses.

We can answer any question you have about your arrest, citation or case. Or if you have already hired a lawyer, CALL US FOR A SECOND OPINION.

We have been instrumental in fixing other lawyers' complete failures, and have found that most lawyers just want to get you to pay a bunch of money to take a plea deal.

NEVER ACCEPT A PLEA DEAL until you get a second opinion from KOMORN LAW.

Details of Drunk Driving laws in Michigan.

Michigan Compiled Laws Section 257.625

MICHIGAN VEHICLE CODE (EXCERPT)

Act 300 of 1949

257.625 Operating motor vehicle while intoxicated; "operating while intoxicated" defined; operating motor vehicle when visibly impaired; penalties for causing death or serious impairment of a body function; operation of motor vehicle by person less than 21 years of age; "any bodily alcohol content" defined; requirements; controlled substance; costs; enhanced sentence; guilty plea or nolo contendere; establishment of prior conviction; special verdict; public record; burden of proving religious service or ceremony; ignition interlock device; definitions; prior conviction; violations arising out of same transaction.

Sec. 625.

A person shall not operate a vehicle upon a road, including a parking lot, if the person is operating while intoxicated.

As used in this section, "operating while intoxicated" means any of the following:

The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

Alcohol Limits:

The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

After October 1, 2021, the limits will be if the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly allow the vehicle to be operated by a person if any of the following apply:

The person is under the influence of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2021, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

The person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

A person when, due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

A person who is less than 21 years of age shall not operate a vehicle if the person has any bodily alcohol content.

A person who violates the drunk driving laws in Michigan and is found guilty will be punished at different levels depending on drunkenness and if anyone was hurt or if there was a minor in the vehicle:

Felony imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.

Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment must be served consecutively. This term of imprisonment must not be suspended.

Community service for not more than 60 days.

A fine of not more than $500.00.

Misdemeanor imprisonment for not more than 93 days.

DRUGGED DRIVING:

A person shall not operate a vehicle if the person has in his or her body any amount of a controlled substance listed in schedule 1 (heroin, marijuana) or schedule 2 (cocaine).

"Intoxicating substance" means any substance, preparation, or a combination of substances and preparations other than alcohol or a controlled substance, that is either of the following:

Recognized as a drug in any of the following publications or their supplements:

The official United States Pharmacopoeia.

The official Homeopathic Pharmacopoeia of the United States.

The official National Formulary.

Arrests for DUI’s on the Rise

Arrests for DUI’s on the Rise

Nov 19, 2014 | Criminal Defense Attorney Michael Komorn, Michigan DUI Criminal Defense Attorney Michael Komorn

By Michael Komorn

Arrests for DUI’s have been on the rise across Michigan. This trend could drastically increase as The National Transportation Safety Board (NTSB) has called on state authorities to reduce the legal limit to 0.05 percent. Currently, all 50 U.S. states have a blood alcohol content (BAC) limit of 0.08 percent for drivers aged 21 and over. To see a map of DUI arrests made by county in Michigan, please click the link below.

If you or someone you know has been arrested for a DUI/DWI, contact Komorn Law and ensure you have the best legal team on your side.

http://www.mlive.com/news/index.ssf/2013/06/searchable_database_see_how_po.html

further reading:

http://www.mlive.com/news/index.ssf/2013/06/mlives_new_dui_analysis_how_th.html