Archive for the ‘Blood Alcohol Test’ Category

Michigan DUI Attorneys – Man Shows up Drunk in Court and Leads Police on High Speed Chase

Thursday, February 9th, 2012

Recently, a man was at the 55th District Court in Mason, Michigan on charges of Operating While Intoxicated. The man was in court to enter a plea when the judge noticed the man appeared drunk and asked him to take a breathalyzer test. That is when the man refused and walked out of the courthouse. He got into his vehicle and drove away, hitting an Ingham County deputy in the process. That deputy followed the man onto US 127 North. The man led police officers on a high speed chase with speeds of up to 128 miles per hour, and eventually came to a stop after hitting a semi truck. When police arrested the man, they registered his blood alcohol content as .205, which is almost three times the legal limit of .08 in Michigan. The man is now facing a further OWI charge, a felonious assault charge, and a fleeing and eluding charge.

As top drunk driving defense attorneys, we know that going to court to face a judge on drunk driving charges is unnerving. However, it is never a good idea to consume alcohol before appearing in court. In general, judges like to see that defendants are remorseful for their actions and have learned a lesson. This man is clearly in more legal trouble now than he would have been had he showed up for court sober.

Being charged with drunk driving in Michigan is a scary thing, especially for those people who have never had to face criminal prosecution. That is why it is best to contact a skilled and experienced OWI lawyer immediately. Your attorney can help you with the entire criminal process and will be there with you every step of the way to work towards achieving a favorable outcome.

Michigan Drunk Driving Attorneys — Holiday Season Brought Drunk Driving Arrests

Wednesday, February 1st, 2012

We are officially past the 2011 holiday season, which was a time to get together with family, friends, and coworkers. Many of these gatherings involved the consumption of alcohol. On nights like Christmas Eve and New Year’s Eve, Michigan State Police and county and local patrol officers were on the lookout for drunk drivers. Judging by the number of calls we have received, many people were arrested for drunk driving during the holidays.

We are often asked, “Will I go to jail for drunk driving?” The penalties for an Operating While Intoxicated case depend on whether this is a person’s first drunk driving offense, second drunk driving offense within 7 years of the first, or third drunk driving offense in a lifetime. Sentencing also depends on whether the person’s blood alcohol level was high enough to be considered a Super Drunk offense.

Hiring a drunk driving defense lawyer is an excellent idea for those people charged with a drunk driving offense. This is because the attorney may not only argue that the charges should be dropped, but they may also argue against the imposition of any jail or prison sentence. At Kronzek & Cronkright, PLLC, we have successfully kept many of our clients who were charged with OWI out of jail.

If you have been charged with drunk or drugged driving, contact an attorney today.

DWI Defense Lawyers – Michigan Under 21 Drunk Driving Defendant Postpones Pre-Trial Conference

Thursday, June 16th, 2011

One does not need to be an experienced DWI defense lawyer to know that drunk driving arrests are a very big deal. If convicted, the penalties for drunk driving are severe, and can include many life-changing consequences. Because of the harsh punishments associated with driving while intoxicated, it often takes time for a DWI defense lawyer to prepare their case and gather evidence. Sometimes, it is even necessary to postpone court appearances, so that the defense is fully ready to present their defense. Such are the circumstances in a Michigan drunk driving case involving an underage intoxicated motorist who struck another vehicle, killing the other driver.

In January 2011, Kelley Nagle, 20, was driving a Chevy Trailblazer south on Dequindre Road in Sterling Heights when she attempted to pass another vehicle in front of her, but ended up cruising into oncoming traffic and colliding head–on with a Ford Ranger. The driver of the other vehicle, Annette Evans, 53, was pinned in her car before being removed by emergency rescue services. Although she was rushed to the emergency room, Evans was pronounced dead.

The drunk driving penalties that Nagle faces are severe. After performing tests, law enforcement officials determined that Nagle’s blood alcohol content was 0.23 at the time of the accident–almost three times the legal limit of 0.08. Had this been her first offense, she could have been charged under Michigan’s new super drunk law, which enforces harsher punishments for “excessively intoxicated” motorists. However, since this is Nagle’s second drunk driving offense (the first was in 2009), she has also violated the terms of her probation which will likely work against her in court. Prosecutors are currently charging her with the 15-year felony of Operating While Intoxicated causing death and the one-year misdemeanor of Operating While Impaired.

With all the drunk driving consequences Nagle is facing, it is no surprise that this is the second time her drunk driving attorneys have asked the court to postpone the Pre-Trial conference. Especially when dealing with a minor, cases of drunk driving are very complex and defending them takes great skill and experience. This is why it’s essential for every person arrested for a DUI, DWI, or OWI in Michigan to immediately contact knowledgeable DWI defense lawyers. Doing so will not only ensure the best legal advice and legal representation, it will also guarantee you the best defense possible in your drunk driving case. Do not hesitate to be proactive to secure your defense. Your personal liberties and freedoms are at stake!

DWI Defense Lawyers – Michigan Judge Deems Blood Tests from State Police Lab Unreliable

Tuesday, May 31st, 2011

One does not need to be an experienced DWI defense lawyer to know that being arrested for drunk driving is not only serious, but a process. If a law enforcement official suspects that a motorist is operating a vehicle while intoxicated, they will perform numerous tests to see if they are correct. Besides basic, field sobriety tests, police and prosecutors use the results of blood tests to charge defendants with drunk driving–if their blood alcohol content registers above 0.08 percent, they were driving while intoxicated.

The results of blood tests are very powerful in drunk driving cases–not only can it convince a jury of a defendant’s guilt, it can also convince them of a defendant’s innocence. Because of the significant role that blood test results play in drunk driving arrests and legal cases, it is essential that the data are absolutely correct, and carries an error of margin. Without it, a crime lab implies that their results are absolute and the true result–essentially that if tested 100 times, the results would always be the same.

This reasoning prompted District Court Judge Peter Wadel to toss out blood evidence against a Michigan resident who was charged with drunk driving. Jeffrey Jabrocki was arrested for driving under the influence, and underwent two blood tests by police. One registered that Jabrocki had a blood alcohol content of 0.29, while the other said that his BAC was 0.30. Even though both are significantly higher than the legal limit of 0.08, because there was no stated margin of error, Judge Wadel concluded that there was too much “uncertainty in measurement” to be reliable scientific data. “Without an error rate, the lab leaves an inference that the test result is an absolute or true result,” Judge Wadel wrote. “This uncertainty needs to be accounted for.” Because of Judge Wadel’s ruling, prosecutors can still charge Jabrocki with drunk driving, but will not be able to use the blood test results as evidence.

As experienced DWI defense lawyers in Michigan, the law firm of Kronzek & Cronkright applauds the judge’s decision to question the reliability of crime lab testing, particularly in drunk driving cases. Being convicted of driving while intoxicated can change a person’s life forever, resulting in enormous fines, time behind bars, and a permanent stain on one’s reputation. If the legal system is going to charge drunk drivers with permanent consequences, it is important to at least do so with reliable scientific evidence. Without it, true justice cannot be served for anyone.

Michigan DUI Attorneys – Blood Alcohol Content (BAC) Test Thrown Out for Inaccuracies

Wednesday, May 11th, 2011

Michigan DUI Lawyers are celebrating the recent court ruling which seeks to create more objective standards for reporting the results of chemical testing in drunk driving cases in Michigan. In this case, Mason County  District Court Judge Wadell ruled that blood test results from the Michigan State Police crime lab are inadmissible in court. The judge reasoned that because the crime lab does not record or publish its margain of errors on blood alcohol blood tests, the test results are not reliable. Forensic evidence must be both relevant and reliable to be admissible in a Michigan court.

The legal limit for drinking and driving in Michigan is a blood alcohol content, or “BAC,” of .08 or less. The problem with crime lab blood tests being unreliable says Judge Wedell, is because a driver whose blood was measured at perhaps .08, .09, or .10 may actually be under the limit and therefore be innocent of a drunk driving crime. Similarly, a Michigan driver whose BAC was measured to be .07 or below may actually be guilty of intoxicated driving or impaired driving.

Being convicted of an OWI in Michigan is serious business. You could end up in jail, be required to pay fines, receive a suspension of your driving privileges and more. That is why you need Michigan’s expert dui attorneys. Serious drunk driving attorneys follow the latest developments in the Michigan DUI law and are skilled at presenting constitutional defenses.

The Michigan State Police say they plan to appeal this ruling. Currently, this new caselaw only applies in the 79th District Court but if defense attorneys have their way, a similar rule would apply in places like Ingham County, Clinton County and Eaton County. Only time will tell, and until then, Michigan DUI lawyers will be watching.