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.
Feezel was driving when he encountered an intoxicated pedestrian in the street. Feezel struck the pedestrian whom as a result of the accident passed away.
Feezel’s blood was analyzed which contained 6 nanograms of a THC metabolite called 11 Carboxy THC.
Feezel was charged with OWI causing death and operating with the presence of a schedule one controlled substance. The trial judge refused to admit the evidence that the victim was extremely intoxicated.
In order to be convicted of Operating with the presence of drugs it must be active THC and not a metabolite.
The court also ruled that the victim’s intoxication was material and should have been admitted into evidence.
The People vs Feezel opinion by the Michigan Supreme Court has been used in many cases since as well as other case law. Many can be found listed here.
Either you’re here just out of interest or you are searching for an attorney. If you need a law firm to protect and fight for your rights call our office 248-357-2550 or visit KomornLaw.com and do your research. The justice system doesn’t like winners unless it’s them…They don’t like us.
What are drug metabolites?
A drug metabolite is a byproduct of the body breaking down, or “metabolizing,” a drug into a different substance. The process of metabolizing a drug is predictable and certain; everyone metabolizes drugs the same way. Therefore, the presence of a drug metabolite can be a reliable indicator that a person used the “parent” drug of that metabolite.
Some metabolites remain in the body much longer than a drug. A drug test has a higher chance of identifying a user by looking for the metabolites of a drug, rather than the parent drug.
Some examples of drug tests that detect metabolites, rather than the drug:
Marijuana
THC is the active substance in marijuana. The body quickly metabolizes the THC molecule into several metabolites with long chemical names. Urine drug tests typically detect the THC-COOH (nor-delta-9-tetrahydrocannabinol) metabolite to identify marijuana users because it stays in the body much longer than the active THC drug.
Cocaine
A typical cocaine drug test kit looks for the presence of the metabolite benzoylecgonine. The presence of benzoylecgonine in a person’s system indicates cocaine use. Benzoylecgonine stays in a person’s system significantly longer than cocaine.
Nicotine
Nicotine is metabolized into cotinine, which has a much longer life in the body than the nicotine drug. A urine drug test for “nicotine” looks for the presence of cotinine as a sign of tobacco use.
If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com
According to the CDC… Every day 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 50 minutes.1 The annual cost of alcohol-related crashes totals more than $44 billion.2
How big is the problem?
In 2016, 10,497 people died in alcohol-impaired driving crashes, accounting for 28% of all traffic-related deaths in the United States.1
Of the 1,233 traffic deaths among children ages 0 to 14 years in 2016, 214 (17%) involved an alcohol-impaired driver.1
In 2016, more than 1 million drivers were arrested for driving under the influence of alcohol or narcotics.3 That’s one percent of the 111 million self-reported episodes of alcohol-impaired driving among U.S. adults each year (figure below).
Drugs other than alcohol (legal and illegal) are involved in about 16% of motor vehicle crashes.4
Marijuana use is increasing and 13% of nighttime, weekend drivers have marijuana in their system.5
Marijuana users were about 25% more likely to be involved in a crash than drivers with no evidence of marijuana use, however other factors–such as age and gender–may account for the increased crash risk among marijuana users.4
Have You Been Arrested?
For DUI, OWI or Drugged Driving?
Michigan Law provides police with a wide range of powers during roadside stops. Komorn Law has the experience, knowledge, and skill to balance those powers and preserve your rights in the courtroom.
Our firm aggressively defends all aspects of traffic law, from simple civil infractions to more serious alcohol and drug-related offenses. We diligently investigate all aspects of the incident from the initial stop through the arrest in order to most effectively defend your case
Retaining a lawyer as soon as possible can make or break your case.
Marijuana laws in Michigan are constantly changing.
Michael Komorn is the experienced lead and trial attorney who provides one of the best chances for a positive case outcome.
For over 25 years, the Law Office of Michael Komorn has provided outstanding, results-focused legal counsel for clients in all areas of criminal defense – in state and federal courts – including medical marijuana patients, caregivers, processors, Adult Recreational Use, Cannabis Business and Licensing.
We are long time advocates of our clients’ rights.
For a Felony or Misdemeanor Criminal Offense?
Komorn Law is considered one of Michigan’s premier criminal defense firms armed with the resources, knowledge and experience to provide you with an opportunity for a positive outcome.
We have successfully defended clients in a wide range of criminal offenses, including drug charges, theft, misdemeanors in federal and state court, and all marijuana and medical marijuana cases.
Retaining a lawyer as soon as possible can make or break your case.
At all levels of blood alcohol concentration (BAC), the risk of being involved in a crash is greater for young people than for older people.6
Among drivers with BAC levels of 0.08% or higher involved in fatal crashes in 2016, nearly three in 10 were between 25 and 34 years of age (27%). The next two largest groups were ages 21 to 24 (26%) and 35 to 44 (22%).1
Motorcyclists:
Among motorcyclists killed in fatal crashes in 2016, 25% had BACs of 0.08% or greater.1
Motorcyclists ages 35-39 have the highest percentage of deaths with BACs of 0.08% or greater (38% in 2016).7
Drivers with prior driving while impaired (DWI) convictions:
Drivers with a BAC of 0.08% or higher involved in fatal crashes were 4.5 times more likely to have a prior conviction for DWI than were drivers with no alcohol in their system. (9% and 2%, respectively).1
What are the effects of blood alcohol concentration (BAC)?
Information in this table shows the blood alcohol concentration (BAC) level at which the effect usually is first observed.
Blood Alcohol Concentration (BAC)*
Typical Effects
Predictable Effects on Driving
.02% About 2 alcoholic drinks**
Some loss of judgmentRelaxationSlight body warmthAltered mood
Decline in visual functions (rapid tracking of a moving target)Decline in ability to perform two tasks at the same time (divided attention)
.05% About 3 alcoholic drinks**
Exaggerated behaviorMay have loss of small-muscle control (e.g., focusing your eyes)Impaired judgmentUsually good feelingLowered alertnessRelease of inhibition
Reduced coordinationReduced ability to track moving objectsDifficulty steeringReduced response to emergency driving situations
.08% About 4 alcoholic drinks**
Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing)Harder to detect dangerJudgment, self-control, reasoning, and memory are impaired
ConcentrationShort-term memory lossSpeed controlReduced information processing capability (e.g., signal detection, visual search)Impaired perception
.10% About 5 alcoholic drinks**
Clear deterioration of reaction time and controlSlurred speech, poor coordination, and slowed thinking
Reduced ability to maintain lane position and brake appropriately
.15% About 7 alcoholic drinks**
Far less muscle control than normalVomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol)Major loss of balance
Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing
*Blood Alcohol Concentration Measurement
The number of drinks listed represents the approximate amount of alcohol that a 160-pound man would need to drink in one hour to reach the listed BAC in each category.
**A Standard Drink Size in the United States
A standard drink is equal to 14.0 grams (0.6 ounces) of pure alcohol. Generally, this amount of pure alcohol is found in
12-ounces of beer (5% alcohol content)
8-ounces of malt liquor (7% alcohol content)
5-ounces of wine (12% alcohol content)
1.5-ounces or a “shot” of 80-proof (40% alcohol content) distilled spirits or liquor (e.g., gin, rum, vodka, whiskey)
Blincoe LJ, Miller TR, Zaloshnja E, Lawrence BA. National Highway Traffic Safety Administration. The economic and societal impact of motor vehicle crashes, 2010. (Revised). U.S. Department of Transportation, Washington, DC; 2015. Available at: http://www-nrd.nhtsa.dot.gov/pubs/812013.pdfCdc-pdfExternal. Accessed 16 April 2018.
Zador PL, Krawchuk SA, Voas RB. Alcohol-related relative risk of driver fatalities and driver involvement in fatal crashes in relation to driver age and gender: an update using 1996 data. Journal of Studies on Alcohol 2000; 61:387-395.
Gielen AC, Sleet DA, DiClemente RJ. Modifying alcohol use to reduce motor vehicle injury. Injury and violence prevention: behavior science theories, methods, and applications. San Francisco, CA: Jossey-Bass, 2006 pp 534. ISBN 978- 7879-7764-1
Holder HD, Gruenewald PJ, Ponicki WR, et al. Effect of community-based interventions on high-risk drinking and alcohol-related injuries. JAMA 2000;284:2341-7.
Shults RA, Elder RW, Nichols J, et al. Effectiveness of multicomponent programs with community mobilization for reducing alcohol-impaired driving. American Journal of Preventative Medicine, 009;37(4):360-371.
Higgins-Biddle J, Dilonardo J. National Highway Traffic Safety Administration. Alcohol and highway safety: screening and brief intervention for alcohol problems as a community approach to improving traffic safety. U.S. Department of Transportation, Washington, DC; 2013 DOT HS 811 836.
The Michigan AG filed charges against two technicians contracted to service all the DataMaster DMT breath alcohol testing instruments for the Lower Peninsula
One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff’s Office.
Michigan State Police’s Breath Alcohol Program says it found problems when conducting a routine review of records early on Jan. 2, Nessel’s statement said. They issued a stop order on the Intoximeters contract on Jan. 7.
“Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians” Nessel’s statement said.
If you feel like your datamaster breathalyzer test was done on a faulty machine or was false and would like to hire an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call Our Office 248-357-2550 or visit KomornLaw.com
Michigan AG News Release
May 22, 2020
LANSING – Michigan Attorney General Dana Nessel on Thursday filed charges against two technicians contracted to service all the DataMaster DMT (DataMaster Transportable) breath alcohol testing instruments for the Lower Peninsula. The DataMaster DMT (often referred to as a breathalyzer) is the evidentiary instrument used by law enforcement across Michigan to measure the alcohol level of motor vehicle drivers suspected of being under the influence of alcohol.
The Michigan State Police (MSP) entered into a contract with Intoximeters Inc. that began Sept. 1, 2018 to provide ongoing maintenance and repairs, as well as 120-day on-site inspections on each of the 203 DataMaster DMTs in the state. Each technician was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs.
Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians — Andrew Clark and David John — 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—one incident involved the DataMaster DMT instrument located at the Beverly Hills Police Department and the other incident involved the DataMaster DMT instrument located at the Alpena County Sheriff’s Office.
Upon discovery of this issue, the MSP temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery. The MSP promptly began working with the Attorney General’s Public Integrity Unit, continuing to demonstrate a steadfast belief that public trust and accountability are essential in government. The combined efforts of the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit have culminated in the charges announced today.
Following a four-month investigation led by the Attorney General’s Public Integrity Unit and the MSP, a total of nine felony charges were filed against David John, age 59, of Kalamazoo, and a total of six felony charges were filed against Andrew Clark, 53, of Oxford. Specific charges are as follows:
Andrew Clark, charged in Eaton County:
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.
David John, charged in Kalamazoo County:
Three counts, forgery of a public record, a 14-year felony charge;
Three counts, uttering and publishing, a 14-year felony charge; and
Three counts, use of a computer to commit a crime, a 10-year felony charge.
“Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard. When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state.” Nessel said. “I’m grateful for the Michigan State Police’s assistance in this investigation, and I know that the MSP and my Public Integrity Unit have handled this matter appropriately and in the public’s best interest.”
“From the time we first uncovered discrepancies, the MSP was committed to conducting a complete and thorough investigation, and to being as transparent as possible regarding the outcomes of this situation,” stated Col. Joe Gasper, director of the MSP. “We recognize the critical role these instruments can play in drunk driving convictions and we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument.”
Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since Jan. 10, 2020, and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020.
Clark has been arraigned in the Eaton County District Court and was given a personal recognizance bond. He is scheduled for a probable cause conference at 4 p.m. June 1.
John will be arraigned at a later date due to reduced court operations related to COVID-19.
Note: A criminal charge is just an allegation and that the defendant is presumed innocent unless and until proven guilty. At least that’s what it’s supposed to be.
Here’s a list of news articles related to Michigan State Police datamaster investigation into inaccurate settings by a contractor which may have lead to false readings for DUI checks.
If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com
