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.
The crash program has been in existence since Public Act 300 of 1949. All law enforcement agencies in Michigan submit accident data to the MSP Criminal Justice Information Center on UD-10 Traffic Crash Reports. A crash report is completed when: the driver of a motor vehicle involved in a traffic crash injures or kills any person, or damages property totaling $1000.00 or more. It is also completed when, the driver of a snowmobile or ORV is involved in a crash resulting in injuries to or the death of any person, or property damage in an estimated amount of $100.00 or more.
The Michigan State Police Criminal Justice Information Center (CJIC) and the Office of Highway Safety Planning (OHSP), in conjunction with the University of Michigan Transportation Research Institute (UMTRI) compiles and publishes an annual report. In addition, the MSP also works with the Secretary of State (SOS) to produce a drunk driving audit report annually. This report contains cumulative and individual information regarding judge’s dispositions and fines involved with drunk driving.
Reports are processed and sent to the Department of State to be applied to individual driving records. Fatal records are maintained on both the state system and the federal Fatality Analysis Reporting System (FARS) (supported by the National Highway Traffic Safety Administration).
Traffic Crash Report data is also supplied to the Michigan Department of Transportation for analysis of high crash locations and to bill for damage to state property. The Michigan Department of Community Health receives data to bill the appropriate no-fault carrier for reimbursement of expenses under the Medicaid program and the Michigan Department of Natural Resources receives data for analysis of snowmobile and car/deer crashes.
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.
Michigan published their first annual report using exclusively incident based data in calendar year 2007. Prior to 2007, conversion back to the FBI Summary system was required for the publication.
Note: The Michigan Incident Crime Reporting (MICR) unit traditionally publishes the annual Crime in Michigan report in July. This year, MICR has gone through a process to overhaul the report and to improve its value as a statistical review of crime in the state of Michigan. Because of this work, the 2020 report will be published in August this year.
Charged with a crime? Komorn Law is the most referred law firm for DUI-OUI-Drugged Driving-Other Crimes. Call our office 800-357-2550 for a free evaluation.
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.
Executive director of Michigan’s Marijuana Regulatory Agency, Andrew Brisbo, announced a new legislative importance, that the state bring Delta-8 THC and other cannabinoids under the same regulatory framework as Delta-9 THC.
HB4517
The eight bills, led by HB 4517, and sponsored by Rep. Yousef Rabhi (D- Ann Arbor) and Rep. Jim Lilly (R-Holland), would revise the definition of Tetrahydrocannabinols (THC) more commonly so that not only Delta-9 THC is covered but any THC product the MRA determines has a potential for abuse.
The legislation experienced accolades and self-warming reception at Monday’s committee hearing, including testimony in support from the Brisbo, and the state’s two leading cannabis trade associations.
Delta 9 THC
THC is an acronym for Tetrahydrocannabinol. THC is one of the cannabinoids found in cannabis, and is the main psychoactive element. CBD is another predominant cannabinoid. Delta-9 Tetrahydrocannabinol is a cannabinoid found in large, naturally occurring amounts in marijuana plants and is the key ingredient that spurs cannabis sales. Delta-8, an isomer of Delta-9, or a molecule with the same number of atoms of each element but with a different atomic arrangement, is also naturally occurring in marijuana plants, but generally in trace amounts. To obtain significant amounts of Delta-8, cultivators need to distill the plant, and refine the resulting distillate, emphasizing for Delta-8 over Delta-9.
While Delta-8 has attracted a great deal of media attention, cannabis lab scientists warn that other derivatives are coming down the pipeline.
“This is a good effort by the MRA to align with what the MI public health code says,” said Greg Michaud, CEO of Viridis Laboratories, spent decades operating a forensic testing lab for the Michigan State Police.
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.
See what your “politicians” are doing with legislature regarding Cannabis, CBD, Hemp and Delta8 as well as the manipulation of voted in laws.
The list below is the result of a search in the Michigan legislature using the word Marijuana. Click the link and look for the bill summary or read the bill in detail.
Criminal procedure: jurisdiction; venue for prosecution of delivery of a controlled substance causing death; modify. Amends sec. 317a of 1931 PA 328 (MCL 750.317a). TIE BAR WITH: SB 0015’21
Law enforcement: peace officers; authority for park and recreation officers to enforce certain marihuana-related offenses; provide for. Amends sec. 1606 of 1994 PA 451 (MCL 324.1606).
Health occupations: health professionals; sentencing guidelines for the crime of and performing certain medical treatments on a minor without consent and another individual present; enact. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n). TIE BAR WITH: SB 0226’21
Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver heroin or fentanyl; modify to reflect changes in sentencing guidelines. Amends sec. 7401 of 1978 PA 368 (MCL 333.7401). TIE BAR WITH: HB 4244’21
Crimes: controlled substances; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4243’21
Medical marihuana: other; marihuana that contains or has been combined with vitamin E acetate; prohibit the processing and sale of. Amends secs. 502 & 504 of 2016 PA 281 (MCL 333.27502 & 333.27504) & adds sec. 407b.
Marihuana: other; marihuana that contains or has been combined with vitamin E acetate; prohibit the processing and sale of. Amends secs. 3, 11 & 15 of 2018 IL 1 (MCL 333.27953 et seq.).
Medical marihuana: other; rule prohibiting medical marihuana businesses from donating to nonprofit organizations; prohibit marijuana regulatory agency from promulgating. Amends sec. 206 of 2016 PA 281 (MCL 333.27206).
Marihuana: other; rule prohibiting marihuana businesses from donating to nonprofit organizations; prohibit marijuana regulatory agency from promulgating. Amends sec. 8 of 2018 IL 1 (MCL 333.27958).
Marihuana: liability; sale of marihuana to an individual who is younger than 21 years of age or visibly intoxicated; prohibit, and create cause of action for harm that the individual causes. Amends 2018 IL 1 (MCL 333.27951 – 333.27967) by adding sec. 11a. TIE BAR WITH: HB 4517’21
Medical marihuana: other; use of billboards to advertise medical marihuana; prohibit. Amends secs. 102 & 206 of 2016 PA 281 (MCL 333.27102 & 333.27206) & adds sec. 506.
Crimes: intoxication or impairment; operating motor vehicle with 5 or more nanograms per milliliter of blood; prohibit. Amends sec. 625 of 1949 PA 300 (MCL 257.625).
Education: other; students to be treated with marihuana-infused products and CBD products during school; allow. Amends 1976 PA 451 (MCL 380.1 – 3801852) by adding sec. 1182. TIE BAR WITH: HB 4797’21
Education: other; students to be treated with medical marihuana and CBD products during school; allow. Amends secs. 4 & 7 of 2008 IL 1 (MCL 333.26424 & 333.26427). TIE BAR WITH: HB 4796’21
Manufacture of controlled substance; prohibited acts; violation as felony; exceptions; imposition of consecutive terms; court order to pay response activity costs; definitions.
Possession or use of controlled substance or imitation controlled substance; probation; terms and conditions; violation; discharge and dismissal; deferral of proceedings; nonpublic record of arrest, court proceedings, and disposition; nonpublic record open to certain individuals and entities; purposes; course of instruction or rehabilitation program; conviction of second violation; screening and assessment; costs.
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.
