As you can imagine, there is quite a bit of gray area as to what it actually means to “operate” a vehicle. For example, what if a person is passed out drunk in their driver’s seat with car engine running and in gear with their foot on the brake? (The Michigan Supreme Court decided this was “operating” a vehicle in People v. Wood). Or, what if a vehicle owned by the drunk defendant is sitting on the road and causes another car to get in an accident? (The Michigan Court of Appeals held in People v. Lechleitner that the “defendant” was operating the vehicle until he could return the vehicle to a position of safety).

Recently, the Michigan Court of Appeals revisited the legal issue of what constitutes operating a car for the purposes of the OWI law in Michigan. In the case, People of the City of Plymouth v. Brittney Lynn Longeway, a doorman at a martini bar told a police officer that he observed some females hit a concrete barrier with their vehicle when they arrived at the bar and also that they later appeared drunk when leaving the bar. The police officer observed that the female driver had the reverse lights of the vehicle on but then put the car back in park. The car’s wheels never moved. The driver was charged with Operating While Intoxicated and she argued that, based on past case law and statutory language in Michigan, she was not “operating” the vehicle. Her argument lost at the District Court level but won at the higher Circuit Court level. The prosecutors appealed, however, and the Michigan Court of Appeals ruled that the defendant was “operating the vehicle.” In deciding this, the appellate court looked to the drunk driving statute that says operating means being in actual physical control of the vehicle. Starting the car, applying the brakes, shifting gears into reverse, and then putting it back into park are all signs of the driver being in actual physical control, according to this ruling.

Many people ask us why they need a drunk driving lawyer if they blew a .08 or more blood alcohol content on their Preliminary Breath Test or DataMaster Test. It’s possible that there may be legal challenge issues in your case, such as whether you were actually or legally operating the vehicle. An experienced OWI attorney can fully examine all the facts of your case and prepare a defense strategy. Contact a drunk driving attorney today.

• You have the right to remain silent. The Fifth Amendment makes it completely legal for you to refrain from responding to the police officer’s inquiries. Your refusal to answer his questions cannot be held against you in a court of law, but if you choose to answer, then a prosecuting attorney can use the officer’s testimony against you. Testimonies based on slurring or stumbling perceived by a police officer can be subjective and manipulated, so it’s best to exercise your right to plead the Fifth.
• Stay inside your car unless the officer asks you to get out. Jumping out of your vehicle when a cop pulls you over can send out the wrong message. The police officer might mistakenly think that you are armed and might feel threatened. Whatever wrongdoing he suspects of you will only increase if you are not careful, so just sit still and try not to offend anybody.
• Do not consent to performing field sobriety tests if you feel uncomfortable. Field sobriety tests include having a driver suspected of being intoxicated walk a straight line, balance on one foot, touch his finger to his nose, etc. These tests check for signs of poor coordination before official chemical testing for blood-alcohol level. You are not required to take these sobriety tests if you feel they may be manipulated and used to incriminate you later. You may safely remain silent and refuse.
• Make an informed decision either to take or to refuse chemical testing. Every state has Implied Consent laws which rule that any licensed driver who chooses to operate a vehicle has automatically agreed to chemical testing requested by a member of law enforcement. Chemical testing includes breath, blood or urine tests. In most states, refusing chemical testing will automatically give prosecutors grounds to revoke your license. Sometimes the consequences are more severe. To find out whether it is better in your state to refuse or to submit to chemical testing, contact a local DUI lawyer.

Sometimes a police officer will arrest you on suspicion of a DUI even if you refuse chemical testing. Whatever the case is, consulting a DUI lawyer who has your best interest in mind will ensure that your rights are defended properly. Many citizens convicted with a DUI do not realize that there are many legal rulings designed to protect them. A DUI lawyer has experience using these protections to defend you. He or she can determine whether the test leading to your arrest was properly administered and whether the machine used to convict you was properly calibrated. With legal assistance you have the potential to save your time, money and reputation.

About the Author: Christopher McCann is an Orange County DUI lawyer and criminal defense lawyer. McCann is a practicing lawyer at the Law Offices of Christopher J. McCann and generally writes on topics related to criminal defense and DUIs. McCann was voted as a “Rising Star Attorney” in 2010 by Southern California SuperLawyers Magazine.

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.

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.

Please remember to drive safely and designate a sober driver when you are out with friends and drinking. If you do find yourself arrested for a DUI, we have an attorney on call 24/7 at 866-7-NoJail. That is (866) 766-5245.

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Though many people typically call drunk driving offenses “DUIs,” the actual names of drunk driving crimes in Michigan include Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI). Regardless of the name of the crime, a person convicted under Michigan drunk driving laws can expect to face any or all of the following: payment of multiple fines and fees, loss of a driver’s license, jail or prison time, community service, installation of an ignition interlock devise, and random urine tests.

One frequently charged Michigan crime is called Operating with the Presence of Drugs (OWPD). This is where someone uses drugs like Marijuana, Cocaine, Ecstasy, Meth, or Heroin and operates a vehicle on a public road in Michigan. Depending on the drug, officers may be able to arrest the driver if there is even the smallest amount of the drug in the body, even if the driving was not impaired by the drug. Prior drunk driving crackdowns in Michigan have led to numerous arrests for OWPD.

If you have been arrested for a drunk driving crime in Michigan, now is the time to contact a very good drunk driving lawyer. Your lawyer can review your case to determine if the police violated any of your constitutional rights during the drunk driving arrest. Law enforcement is required to follow a strict set of procedures when deciding whether you were intoxicated or impaired while operating a vehicle, and if those procedures were not followed, a top flight Drunk Driving Attorney may be able to use this fact to your advantage.

Our attorneys strive to offer clients the best possible defense. However, as you might expect, our advice is always that people who have consumed alcohol or any substance which impairs their ability to drive should never get behind the wheel.

For example, Michigan residents often travel to Canada for vacation or work. For people with a drunk driving conviction, entry into Canada may not be allowed for many years. Ultimately, the border patrol agent conducting the security screening has discretion as to whether to refuse entry. This means that some people with drunk driving convictions may be granted entry without question. Canada allows a person to apply for “rehabilitation” status after a few years in order to be allowed into Canada and may allow temporary permits for some individuals to enter the country for a particular purpose despite a drunk driving conviction. It is always wise to consult with a knowledgeable immigration attorney before traveling to a foreign country if you have any kind of criminal conviction, are out on bond or on probation.

Michigan OWI, OWVI, and OWPD offenses can lead to potential jail time, fines, community service, probation, and more. But the immigration consequences of drunk driving—and all other criminal convictions—can also be quite serious. This is especially true for business travelers, because they may face loss of employment for not being able to gain entry into certain countries.

Our Michigan DUI lawyers regularly represent people who have been charged with Operating While Intoxicated. We understand the complexities of drunk driving defense in Michigan. We have delivered many excellent results to our past clients. Let us put our experience to work for you!

On Wednesday, July 27, Jalen Rose was sentenced to 20 days in jail for drunk driving. Judge Kimberly Small presided over the sentencing in the 48th District Court in Oakland County, Michigan. To skilled Michigan DUI attorneys, she is known for being tough on people who drink and drive. Judge Small told Rose at his sentencing, “I don’t care if you want to get drunk — have at it. I do mind when you get behind the wheel of a vehicle and use it in a way that can kill all of us.”

In Michigan, the most common drunk driving crimes are called Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), and Operating With the Presence of Drugs (OWPD). If there is a minor in the vehicle at the time of the violation, the driver will most likely also receive Child Endangerment charges in Michigan. Depending on whether this is a person’s first, second, third, or subsequent drunk driving offense, the penalties vary. For Jalen Rose, this was his first drunk driving offense, and it would have been quite possible for Rose to be given a sentence that included no jail time. Rose’s lawyers have publicly stated that they feel Judge Small abused her discretion by making an example out of such a public figure.

If you have been charged with a DUI crime in Michigan, you need to hire an attorney who is skilled at defending such cases. Fortunately, the attorneys at Kronzek and Cronkright have over 80 years of combined experience practicing criminal defense in Michigan, which includes drunk driving defense. We have delivered very favorable results for our clients all over the state of Michigan.

Police departments from 35 counties across the state have begun stepping up enforcement in preparation of the summer holiday, increasing patrols from July 1st to July 10th. Certainly, this is nothing new. Law enforcement officials nationwide keep an extra eye out for intoxicated motorists, particularly around celebratory holidays. This year, however, police will not only focus on drunk driving arrests, but also at keeping motorists impaired by drugs off the road as well. “While the focus of this effort is drivers under the influence of alcohol, officers will be arresting any impaired driver and removing not only drunk drivers from the roadway, but also those under the influence of drugs,” explained Michael Prince, director of the Michigan Office of Highway Safety Planning.

When one looks at the statistics, it’s not surprising that state police officers would also be keeping watch for drugged driving as well. While drunk driving arrests and accidents in Michigan have decreased, there has been a significant rise in drugged driving arrests. From 2009 to 2010 alone, the number of drug-involved arrests and crashes has increased by 29 percent!

No matter what, it is always the best idea to designate a sober driver after consuming any type of intoxicating substance. Not only can someone get seriously injured, but the penalties for drunk driving in Michigan are severe and life-changing. If arrested for driving while intoxicated, it is in your best interest to immediately contact an experienced DWI defense lawyer for assistance. Doing so as soon as possible will ensure the best legal advice and legal representation for your case, protecting your personal liberties and freedoms from being taken away.

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!