When boating and you’re the captain – drink all you want and if you’re driving – drink as much as you can because it’s hot out there. Just make sure it’s non alcoholic because nothing but a boatload of trouble comes with being arrested for skippering while under the influence. That means cannabis consumption too. Under the influence is a broad term but with specific rules. You could be under the influence of bad gas station sushi. Will you get in trouble for polluting the waters if you’re making an uncontrolled release into the environment ? If you’re under the influence you might. But that’s another subject. We are here for boating and drinking for now.
If it hasn’t been beaten into your skull a thousand times that drinking and boating is just as deadly as drinking and driving then where have you been hiding? Because it sounds like a good place to hang out. According to the U.S. Coast Guard alcohol-related accidents are the leading cause of boating fatalities. Furthermore, operating a boat under the influence of drugs or alcohol is a violation of Michigan’s boating alcohol laws and not knowing it’s against the law is not a good excuse.
(1) A person shall not operate a motorboat on the waters of this state if any of the following apply:
(a) The person is under the influence of alcoholic liquor or a controlled substance, or both.
(b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
NOTE: Marijuana is still on the Michigan controlled substance list even though it is “legal” as of this posting even though the team at Komorn Law has tried to have it removed.
(2) The owner of a motorboat or a person in charge or in control of a motorboat shall not authorize or knowingly permit the motorboat to be operated on the waters of this state by a person if any of the following apply:
(a) The person is under the influence of alcoholic liquor or a controlled substance, or both.
(b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person’s ability to operate the motorboat is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
(3) A person shall not operate a motorboat on the waters of this state when, due to the consumption of an alcoholic liquor or a controlled substance, or both, the person’s ability to operate the motorboat is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.
(4) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes the death of another person is guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of not less than $2,500.00 or more than $10,000.00, or both.
(5) A person who operates a motorboat on the waters of this state in violation of subsection (1) or (3) and by the operation of that motorboat causes a serious impairment of a body function of another person is guilty of a felony, punishable by imprisonment for not more than 5 years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. As used in this subsection, “serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(6) A person who is less than 21 years of age, whether licensed or not, shall not operate a motorboat on the waters of this state if the person has any bodily alcohol content. As used in this subsection, “any bodily alcohol content” means either of the following:
(a) 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.
(b) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony.
(7) A person, whether licensed or not, is subject to the following requirements:
(a) He or she shall not operate a motorboat in violation of subsection (1), (3), (4), or (5) while another person who is less than 16 years of age is occupying the motorboat.
(b) He or she shall not operate a motorboat in violation of subsection (6) while another person who is less than 16 years of age is occupying the motorboat.
(8) As used in this section, “operate” means to be in control of a vessel propelled wholly or in part by machinery while the vessel is underway and is not docked, at anchor, idle, or otherwise secured.
If you or someone you know has been accused of a crime, DUI or operating a motor vehicle under the influence of a controlled substance. Contact Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
Here is the list of alcohol restrictions by park
Alcohol restrictions in state parks
For the purposes of safety and creating a more welcoming environment for boaters. Possessing or consuming alcoholic beverages within the following described locations on April 1 through Labor Day without written authorization of the park manager is against the law.
Fort Custer Recreation Area – entire park.
Holly Recreation Area – day-use areas south of McGinnis Road.
Island Lake Recreation Area- day-use areas in park, excluding rented shelters.
Metamora-Hadley Recreation Area – day-use areas in park.
Muskegon State Park – day-use area.
Pinckney Recreation Area – rented shelters in the Silver Lake and Halfmoon day-use areas.
P. J. Hoffmaster State Park – campground.
Proud Lake Recreation Area – day-use area east of Wixom Road.
Seven Lakes State Park – day-use areas of the park.
Sterling State Park – day-use areas in park.
Van Buren State Park – day-use and beach area.
Yankee Springs Recreation Area – Gun Lake day-use area.
March 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:
Grand Mere State Park – entire park.
April 1 through Sept. 30, you may not possess or consume an alcoholic beverage in the following locations:
Brighton Recreation Area – Bishop Lake day-use area.
Warren Dunes State Park – entire park.
You may not possess or consume an alcoholic beverage at any time within the following described locations, without written authorization of the park manager:
Belle Isle Park – entire park.
Dodge #4 State Park – entire park.
Grand Haven State Park – entire park.
Holland State Park – entire park.
Maybury State Park – entire park.
Pontiac Lake Recreation Area – day-use areas in the park.
William G. Milliken State Park and harbor – entire park/harbor.
Yankee Springs Recreation Area – Deep Lake campground, mountain bike parking lot and boating access site 8-18.
Consuming alcoholic beverages or possessing an open alcoholic beverage are not allowed at locations below. This prohibition does not apply while on a vessel.
Big lake boating access site 3-1, section 14, T2N R12W, Allegan County
Green lake boating access site 3-4, section 10, T4N R11W, Allegan County.
Lake sixteen boating access site 3-9, section 16, T2N R11W, Allegan County.
Irving road boating access site 8-5, section 31, T4N R9W, Barry County.
Bristol lake boating access site 8-11, section 10, T1N R8W, Barry County.
Airport road boating access site 8-32, section 10, T3N R9W, Barry County.
DISCLAIMER 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.
The 6-3 decision in Dobbs v. Jackson Women’s Health obliterates the seminal case that legalized abortion nationally in 1973, Roe v. Wade. In theory, that would mean Michigan’s law criminalizing most abortions is again enforceable: a 1931 statute only allows abortions “necessary to preserve the life of such woman,” a vague standard left untested by doctors and the courts for decades. The law on Michigan’s books does not allow exceptions for cases of rape or incest.
If you or someone you know has been accused of a crime or DUI Hire experience and turn your defense into an offense. Komorn Law PLLC Call Now 248-357-2550
The court, in a 6-3 decision in Dobbs v. Jackson Women’s Health, threw the decision of abortion’s legality back to the states. In the Great Lakes state, that means a fierce battle, as an anti-abortion law is already on the books in the form of a 1931 statute that only allows abortions “necessary to preserve the life of such woman.” It does not allow exceptions for cases of rape or incest.
Roe v. Wade ruling: Biden calls abortion decision ‘an extreme and dangerous path’
WASHINGTON – President (I did that) Joe Biden said Friday that “it’s a sad day for the court and the country” after the Supreme Court overturned Roe v. Wade, the landmark 1973 decision that legalized abortion nationwide. But it’s a great day for November?
“Now with Roe gone, let’s be very clear, the health and life of women across this nation are now at risk,” he said from the White House.
He added that “the court has done what it’s never done before — expressly taking away a constitution right that is so fundamental to so many Americans,” he said.
“It just stuns me,” Biden said. “This is a sad day for the country in my view, but it does not mean the fight is over.”
Biden called on Congress to make abortion protections federal law and told voters that “this fall, Roe is on the ballot.”
WASHINGTON – The U.S. Supreme Court has overturned the landmark 1973 Roe v. Wade case that legalized abortion nationwide, letting the states have the final say, according to the final opinion that was previously leaked but finally issued Friday.
Dobbs v. Jackson Women’s Health Organization challenged the constitutionality of a Mississippi bill that banned abortion after 15 weeks.
Conservative justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett agreed with the opinion’s author, Samuel Alito, to overturn both Roe v. Wade and a 1992 decision, Planned Parenthood v. Casey, that affirmed Roe’s finding of a constitutional right to abortions.
“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote, in an opinion that was very similar to the leaked draft.
Authority to regulate abortion rests with the political branches, not the courts, Alito wrote.
Abortions remain legal in Michigan following a Friday U.S. Supreme Court decision striking down Roe v. Wade, but the future is uncertain.
A court injuction prevents a dormant abortion ban from 1931 from going into effect and Attorney General Dana Nessel and prosecutors in the state’s most populous counties have said they have no plans to enforce a potential ban. Nessel reiterated that intention in a Friday statement issued following the ruling.
A petition drive is underway for a November ballot measure that would enshrine a right to abortion in the state constitution.
WASHINGTON (AP) — President Joe Biden said Friday he would try to preserve access to abortion after the Supreme Court overturned Roe v. Wade, and he called on Americans to elect more Democrats who would safeguard rights upended by the court’s decision. “This is not over,” he declared.
“Let’s be very clear, the health and life of women across this nation are now at risk,” he said from the White House on what he called “a sad day for the court and the country.”
Biden added that “the court has done what it’s never done before — expressly taking away a constitutional right that is so fundamental to so many Americans.”
Republicans and conservative leaders celebrated the culmination of a decades-long campaign to undo the nationwide legalization of abortion that began with Roe v. Wade in 1973.
The U.S. Department of Education has agreed to forgive roughly $6 billion in student loans for about 200,000 students who say they were defrauded by mostly for-profit schools, many of which are no longer in operation.
U.S. Customs and Border Protection is the nation’s largest federal law enforcement agency charged with securing the nation’s borders and facilitating international travel and trade. Our top priority is to keep terrorists and their weapons from entering the United States.
Law enforcement partners across Colorado announced they have already seized more illicit fentanyl in the first five months of 2022 than they did in all of last year. In a press conference at the headquarters for the Colorado State Patrol in Golden, law enforcement officials presented data from the Rocky Mountain High Intensity Drug Trafficking Area showing that more than 2 million dosage units of fentanyl were removed from Colorado communities so far this year.
“We appreciate the work law enforcement is doing to take this deadly poison off our streets. We also need the help of the public in ending the demand for it. It is risky to take any drug not prescribed by a doctor and obtained from a pharmacy,” warned U.S. Attorney Cole Finegan.
“Presently the Patrol’s Interdiction Section has seized more fentanyl in the first five months of 2022 than all of 2021,” stated Col. Matthew C. Packard, chief of the Colorado State Patrol. “While I would love to tell you that our troopers have eliminated the threat of this deadly drug, what we remove is a drop in the ocean. It’s cheap, it’s everywhere, including a strong counterfeit market where people think they are taking other forms of pills. If you have a loved one struggling with any form of drug abuse, get them help.”
As he lay dying in a hospital, police required all his classmates to walk through a solution of bleach and OxyClean—before they could leave school—to neutralize potential exposure and ensure they weren’t transferring deadly traces outside. School remained closed for a week to cleanse the remaining remnants of the fentanyl stash found in multiple classrooms and the gymnasium.
DISCLAIMER 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.
LANSING – One of the men charged with creating fictitious documents while contracted to service law enforcement alcohol testing instruments will spend the first part of his sentence behind bars, Michigan Attorney General Dana Nessel announced today.
The instrument, DataMaster DMT (DataMaster Transportable), is more commonly referred to as a breathalyzer and measures the driver’s breath alcohol concentration after they have been arrested for suspicion of drunk driving.
In 2020, Nessel filed charges against Andrew Clark and David John for falsifying service records related to certain diagnostic tests and repairs on DataMaster DMTs. A four-month investigation led by the Attorney General’s Public Integrity Unit and the Michigan State Police led to the criminal cases. Specifically, the investigation found the defendants, who worked as technicians, created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance.
two counts, forgery of a public record, a 14-year felony charge;
two counts, uttering and publishing, a 14-year felony charge; and
two counts, use of a computer to commit a crime, a 10-year felony charge.
Thursday afternoon, Judge Janice Cunningham sentenced Clark to serve 36 months’ probation with the first nine months served in the Eaton County Jail.
“Our public integrity team continues to demonstrate the great importance of pursuing bad actors who subvert the criminal justice system and threaten the integrity of our judicial process,” Nessel said. “We must show that those who undermine the public trust risk jail time in doing so.”
If your life was affected by this travesty of trust – Contact our office.
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
DISCLAIMER 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.
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
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.
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.)
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.
DISCLAIMER 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.
LANSING, Mich. — Governor Whitmer yesterday signed House Bills 4219 and 4220, which will allow for expungement of convictions for a first violation of operating while intoxicated (OWI) under certain circumstances. The bills are expected to allow an estimated 200,000 non-repeat OWI offenders to have the opportunity for a second chance at a clean record.
The governor also signed legislation that continues Michigan’s legal blood alcohol content (BAC) level for driving at .08, eliminating a planned sunset that would have increased the limit to .10.
“No one should be defined by a mistake they have made in the past,” said Governor Whitmer. “These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.”
The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court, which would be reviewed and determined by a judge. Incidents that caused death or serious injury to a victim are not eligible.
“Drunk driving is a serious problem in Michigan, but permanently limiting a person’s ability to work and drive based on a one-time, decades-old mistake does not make sense. People who can show that their DUI conviction was a one-time mistake should have an opportunity to make a fresh start.”
Safe & Just Michigan Executive Director John S. Cooper said.
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. Don’t take a plea until you call us Call Now 248-357-2550
Together, the bills allow for the criminal record expungement of first-time offenses for:
Any person operating a vehicle with a BAC of .08 or more
Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
A person under 21 years old operating a vehicle with a BAC of .02 or more
Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance
House Bill 4219 was sponsored by Rep. Tenisha Yancey, D-Grosse Pointe, and House Bill 4220 was sponsored by Rep. Joe Bellino, R-Monroe.
House Bill 4308 and House Bill 4309 will together amend the Michigan Vehicle Code and the Code of Criminal Procedure to maintain the state’s per se OWI presumption at a BAC level of .08. Without this legislation, Michigan BAC legal limit was set to rise to .10 on October 1, 2021, endangering Michigan drivers and costing the state millions in federal dollars.
“Michigan is the only state in the country not to have a firm .08 Blood Alcohol Concentration limit for operating a motor vehicle,” said Rep. Graham Filler. “Eliminating the sunset is not only the right thing to do, but it ensures the safety of those traveling on our roads.”
House Bill 4308 was sponsored by Rep. Abdullah Hammoud, D-Dearborn, and House Bill 4309 was sponsored by Rep. Graham Filler, R-DeWitt.
House Bill 4220 (S-1) would amend Section 1c of Public Act (PA) 213 of 1965, which provides for setting aside convictions in certain criminal cases, to allow the setting aside of a conviction for a first violation operating while intoxicated (OWI) under certain circumstances. House Bill 4219 (S-1) would amend Section 1 of PA 213 to prescribe the definition of “first violation operating while intoxicated offense” and to modify the definition of “operating while intoxicated”.
House Bill 4308 (H-1) would amend the Michigan Vehicle Code to delete the sunset of October 1, 2021, on which the bodily alcohol content (BAC) that constitutes OWI will increase from 0.08 to 0.10.
House Bill 4309 would amend the sentencing guidelines within the Code of Criminal Procedure to reflect the elimination of the sunset provision raising the BAC that constitutes OWI. Senate Bill 400 would amend PA 213 to prescribe the time period in which an application to set aside a conviction for a first violation OWI offense would have to be filed.
House Bills 4219 (S-1) and 4220 (S-1) are tie-barred to each other. House Bill 4308 (H-1) and 4309 are tie-barred to each other. House Bill 4308 (H-1) also is tie-barred to House Bill
Senate Bill 400 is tie-barred to House Bills 4219 and 4220.
FISCAL IMPACT
House Bills 4219 (S-1) and 4220 (S-1) likely would not have a noticeable fiscal impact on local court systems. While the bill likely would result in additional expungement filings across the State, it is assumed these filings would not flood the local court systems with additional
administrative costs and hearing requests. There are several fees associated with the expungement process ($50 to the Michigan State Police (MSP) for a background check, $10 to $15 to MSP for fingerprints, $10 to the Internet Criminal History Access Tool (ICHAT)), but no filing fees that go to a Judiciary restricted fund.
The bills likely would not have a fiscal impact on State government.
House Bill 4308 (H-1) would have no fiscal impact on State or local units of government; however, allowing the BAC sunset to take effect could reduce costs for the Michigan Department of Corrections (MDOC) and reduce revenue for local libraries. Currently, under the State’s per se statute, a person with a BAC of 0.08 grams is considered to be operating while intoxicated; however, the statute requires the per se level to revert back to a BAC of 0.10 grams on October 1, 2021.
Enactment of the bill would have no fiscal impact on the State or local units as the current BAC thresholds would remain the same; thus, costs associated with them would remain unchanged. However, absent the bills, the likely result would be fewer convictions and a reduction in jail times and sentences. As a result, the MDOC could save an estimated $42,400 per prisoner per year, the average annual cost for incarceration in an MDOC facility.
Additionally, the average costs for parole and felony probation supervision services averaging $4,300 annually per supervised offender, also could be saved. Finally, fewer convictions would result in fewer fines, which would lead to lower revenue for local libraries (which are the beneficiaries of civil fines).
The bill also would preserve existing Federal aid apportionments as it would lift the sunset on the 0.08 BAC standard. Under Federal law (23 USC 163), states that do not comply with at least a 0.08 BAC standard can lose Federal aid through the National Highway Performance Program and the Surface Transportation Program. The Department of Transportation estimates these loses could be up to $53.0 million in Federal aid per year. Currently, Michigan receives roughly $1.4 billion in Federal aid per year.
House Bill 4309 would have no fiscal impact on local government and an indeterminate fiscal impact on the State, in light of the Michigan Supreme Court’s July 2015 opinion in People v. Lockridge, in which the Court ruled that the sentencing guidelines are advisory for all cases. This means that any changes to the guidelines under the bill would not be compulsory for the sentencing judge. As penalties for felony convictions vary, the fiscal impact of any given felony conviction depends on judicial decisions.
Senate Bill 400 would have an indeterminate, though likely negative, fiscal impact on local courts. Additional costs likely would come from an increase in the number of expungement filings for a first violation OWI offense. The number of increased filings is indeterminate and any additional costs would have to be absorbed by local court systems.
There are several fees associated with the expungement process ($50 to the MSP for a background check, $10 to $15 to MSP for fingerprints, and $10 to ICHAT), but none of these fees go to a Judiciary restricted fund. Expungement hearings typically do not take very long; however, a large increase in these hearings could increase costs for courts in the form of administrative costs and hearing times.
Bill Analysis
House Fiscal Agency Analysis
Summary as Introduced (2/15/2021) This document analyzes: HB4219, HB4220
Revised Summary of Proposed H-1 Substitutes (2/23/2021) This document analyzes: HB4219, HB4220
Analysis as Reported from Committee (3/3/2021) This document analyzes: HB4219, HB4220
Analysis as Enacted (10/18/2021) This document analyzes: SB400, HB4219, HB4220
Senate Fiscal Analysis
SUMMARY OF HOUSE-PASSED BILL IN COMMITTEE (Date Completed: 4-14-21) This document analyzes: HB4219, HB4220, HB4308, HB4309
SUMMARY OF BILL REPORTED FROM COMMITTEE (Date Completed: 5-4-21) This document analyzes: HB4219, HB4220, HB4308, HB4309, SB0400
DISCLAIMER 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.
DUI commonly known as Driving under the influence is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, recreational drugs such as cannabis and those prescribed by a doctor to a level that renders the driver incapable of operating a motor vehicle safely.
The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In the United States, the specific criminal offense is usually called driving under the influence, but in some states “driving while intoxicated” (DWI), “operating while impaired” (OWI) or “operating while ability impaired”, “operating a vehicle under the influence” (OVI), etc. Such laws may also apply to boating or piloting aircraft. Vehicles can include farm machinery and horse-drawn carriages, along with bicycles.
Other commonly used terms to describe these offenses include drinking and driving, drunk driving, drunken driving, impaired driving, operating under the influence, or “over the prescribed limit”.
Considered a Crime
It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher.
Drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle. Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment.
Medical Marijuana Exception
The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana.
Komorn Law PLLC is focused on the protection of Medical Marijuana Patients and their rights since we helped enact the law itself. If you have been accused of driving under the influence of cannabis and are a medical marijuana patient you should call the office and hire us your legal defense team as we have done so many times for other patients. One notable victory you many are aware of is People vs Thue which we won that allows medical marijuana patients to consume marijuana while on probation.There are many many more. Call The Office 248-357-2550
First Offense – Costs and Consequences of a Drunk Driving Conviction
If BAC is below .17 and this is a first offense:
Up to $500 fine
Up to 93 days in jail
Up to 360 hours of community service
Up to 180 days license suspension
6 points on a driver’s license
If BAC is .17 or higher and this is a first offense:
Up to $700 fine
Up to 180 days in jail
Up to 360 hours of community service
Up to one year license suspension
6 points on a driver’s license
Mandatory completion of an alcohol treatment program
Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.
Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.
Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.
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
DISCLAIMER 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.
