OWI in Lenawee County Michigan

[DavidF15]

What is the name of your state (only U.S. law)? Lenawee County, Michigan. I lost control of my car stopping perpendicular to the road on the shoulder at 3 am. I got out of my car to survey any damage and in doing so I locked the keys in my still running car. I panicked and just started walking. I got a mile or so away from my car and realized I was heading away from the direction of my home, which was over 5 miles from the scene. So I started heading back. While doing so a sheriff stopped me. He asked me if that was my car and I said yes, he also asked if I had been drinking and I said yes again. He drove me back to the scene and then had me do a roadside test. Now from the very cold temperature (around -2°), the walk and let's face it Im out of shape! I could perform any balance test, he then had my eyes follow the pen and I then was told I was being placed under arrest for OWI. He read me my rights and then gave me a breath test. In his car it registered a .13 and he said this was the preliminary test. Once we got to the jail we would perform the one that counts. After reaching the jail I ended taking another test and he said "it went up". I ended up blowing a .15 then was booked and held until I could blow below a .05. What am I facing here? Is there a chance of getting it reduced? What can I expect?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Lenawee County, Michigan. I lost control of my car stopping perpendicular to the road on the shoulder at 3 am. I got out of my car to survey any damage and in doing so I locked the keys in my still running car. I panicked and just started walking. I got a mile or so away from my car and realized I was heading away from the direction of my home, which was over 5 miles from the scene. So I started heading back. While doing so a sheriff stopped me. He asked me if that was my car and I said yes, he also asked if I had been drinking and I said yes again. He drove me back to the scene and then had me do a roadside test. Now from the very cold temperature (around -2°), the walk and let's face it Im out of shape! I could perform any balance test, he then had my eyes follow the pen and I then was told I was being placed under arrest for OWI. He read me my rights and then gave me a breath test. In his car it registered a .13 and he said this was the preliminary test. Once we got to the jail we would perform the one that counts. After reaching the jail I ended taking another test and he said "it went up". I ended up blowing a .15 then was booked and held until I could blow below a .05. What am I facing here? Is there a chance of getting it reduced? What can I expect?

You want it reduced? To what? You were drunk and driving. You exhibited poor judgment all the way around. You couldn't perform any balance test. That is my bet. You need an attorney. You can also expect not having a driver's license for a while and then maybe having a license to only drive to work/school/doctor's. I notice you have a lot of excuses.

 

[quincy]

What is the name of your state (only U.S. law)? Lenawee County, Michigan. I lost control of my car stopping perpendicular to the road on the shoulder at 3 am. I got out of my car to survey any damage and in doing so I locked the keys in my still running car. I panicked and just started walking. I got a mile or so away from my car and realized I was heading away from the direction of my home, which was over 5 miles from the scene. So I started heading back. While doing so a sheriff stopped me. He asked me if that was my car and I said yes, he also asked if I had been drinking and I said yes again. He drove me back to the scene and then had me do a roadside test. Now from the very cold temperature (around -2�), the walk and let's face it Im out of shape! I could perform any balance test, he then had my eyes follow the pen and I then was told I was being placed under arrest for OWI. He read me my rights and then gave me a breath test. In his car it registered a .13 and he said this was the preliminary test. Once we got to the jail we would perform the one that counts. After reaching the jail I ended taking another test and he said "it went up". I ended up blowing a .15 then was booked and held until I could blow below a .05. What am I facing here? Is there a chance of getting it reduced? What can I expect?

I agree with Ohiogal that you need to have a good criminal defense attorney. An OWI is a serious offense and a conviction on an OWI will affect you in many different ways for many years. Having an attorney will be your best way to avoid the worst of the penalties, and will probably be your only chance of getting the charge reduced.

Are you over 21?

First, I think you were really lucky that a sheriff drove by when he did. With the below zero temperature, and with the wind that has often accompanied these low temperatures, getting frost bite and suffering from hypothermia is a real risk. You should have stayed with your car (and you probably would have known to do this, if you had been sober).

With a first offense OWI, you are facing a $100 to $500 fine, up to 93 days in jail and up to 360 hours of community service. A judge, at his discretion, can order that you participate in a rehabilitation program. A driver license suspension for 30 days is mandatory, with a restricted license for the 150 days following. Six points are added to your driving record - and this will affect your car insurance rates.

Other than being lucky that you were "found" when you were and that you were not injured and no one else was injured when you lost control of your car, you were also semi-lucky that your BAC was not higher than the 0.15. With a BAC of 0.17, which is considered a "high BAC" in Michigan, the penalties are much stiffer.

I have heard of those with OWIs having their charges reduced and dismissed in the past. Although I definitely would not count on this happening in your case, there is that chance and this chance is made better when you have an experienced OWI/DUI attorney working for you. I strongly recommend you consult with one.

Good luck.

 

[witzeroni]

That's what you get for doing what the cop asked. If you would have refused, you likely would not have been arrested for dui. I know it goes about your better instincts, but that is how it is.

 

[quincy]

That's what you get for doing what the cop asked. If you would have refused, you likely would not have been arrested for dui. I know it goes about your better instincts, but that is how it is.

No, witzeroni. That is not really how it is.

David crashed his car, it was perpendicular to the road, he locked his keys in a running car, and he was out walking in -2 degree weather. If he had refused all roadside tests, he would have been taken to the police station anyway.

Because this is an older thread you revived, David has had his preliminary hearing by now. I hope David took the earlier advice offered here and hired himself a good attorney.

 

[witzeroni]

No, witzeroni. That is not how it is.

As drunk as David was, he would have been arrested in Lenawee County even if he had not done what the cop asked.

David crashed his car, it was perpendicular to the road, he locked his keys in a running car, and he was out walking in -2 degree weather.

Because you revived an older thread, I am sure David has had his preliminary hearing by now and, with luck, David was smart enough to hire a good attorney.

It's a slam dunk case because he took the tests. Hard to believe anybody with any knowledge of the law, would recommend somebody to take a test if he knew he would fail them.

 

[quincy]

It's a slam dunk case because he took the tests. Hard to believe anybody with any knowledge of the law, would recommend somebody to take a test if he knew he would fail them.

Read the law and come back when you have the knowledge, then.

 

[justalayman]

It's a slam dunk case because he took the tests. Hard to believe anybody with any knowledge of the law, would recommend somebody to take a test if he knew he would fail them.

You really might want to read the laws of the states you are commenting on before you make comments.

In some states, the police can force a blood draw so refusing to take a breath test when asked is futile. Additionally, most states also have a penalty for refusing a breath test.

here is MI's law on that matter:

http://www.legislature.mi.gov/(S(zpzrmbbib4vzz1nkgp504g55))/mileg.aspx?page=getObject&objectName=mcl-257-625f

257.625f Effect of failure to request hearing; hearing procedure; notice; authority of hearing officer; scope of hearing; finding; record; licensing sanctions; judicial review; notice to motor vehicle administrator of another state.
Sec. 625f.

(1) If a person who refuses to submit to a chemical test pursuant to section 625d does not request a hearing within 14 days after the date of notice pursuant to section 625e, the secretary of state shall impose the following license sanctions:

(a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege, for 1 year or, for a second or subsequent refusal within 7 years, for 2 years. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for 1 year or, for a second or subsequent refusal within 7 years, for 2 years.

(b) If the person was operating a commercial motor vehicle, for the first refusal, suspend all v

Michigan is an "implied consent" state so refusing to take the test is illegal.

or in layman's terms:

Michigan's Implied Consent Law

If you are arrested for drunk or drugged driving, you are required to take a chemical test to determine your bodily alcohol content (BAC) or the presence of drugs in your body. Under Michigan's Implied Consent law, all drivers are considered to have given their consent to this test.

Refusing to take this test has driver's license consequences that are separate from those that result from any conviction that flows from the traffic stop. You may request an administrative hearing regarding the alleged refusal. At the hearing, the law enforcement officer would have to prove certain things before the statutory consequences would apply. If you do not request the hearing, or if the officer proves his or her case at the hearing, the following will happen:

Six points will be added to your driving record.
Your license will be suspended for 1 year if it is the first time you refused to take the test under the Implied Consent law.
Your license will be suspended for 2 years if you refused to take the test one or more times within the preceding 7 years. There are no hardship appeals in circuit court for a restricted license in this situation.
If you refuse to take the test, or if the test shows that your BAC is 0.08 or higher, the law enforcement officer will destroy your driver license, and will issue a paper permit to you. You may drive on the paper permit until your criminal case is resolved in court.

now compare that to an OWI:

First Offense:

Operating While Intoxicated (OWI) or Operating With Any Presence of a Schedule 1 Drug or Cocaine (OWPD)

$100 to $500 fine and one or more of the following:
Up to 93 days in jail.
Up to 360 hours of community service.
Driver's license suspension for 30 days, followed by license restrictions for 150 days.
Possible vehicle immobilization.
Possible ignition interlock.
Six points added to driving record.
Driver Responsibility Fee:
$1,000 for 2 consecutive years for OWI.
$500 for 2 consecutive years for OWPD.

I think they removed the driver responsibility fee though/

in michigan, the police can obtain a search warrant to force a blood draw if they have probable cause and choose to do so.

given the OP's state of drunkedness, it would be no problem obtaining a warrant if the cops chose to do so so , in top of the OWI you have the refusal as well. 2 crimes for the price of one. Great.


and boy are those MADD moms thrilled when they see that.

 

[witzeroni]

and boy are those MADD moms thrilled when they see that.

Think they are not getting a piece of the pie - sometimes ignorance truly is bliss:
from Wikipedia:
In 2009 MADD took in $41,006,038 and paid salaries of $20,537,936, over half of their income.

 

[justalayman]

Think they are not getting a piece of the pie - sometimes ignorance truly is bliss:
from Wikipedia:
In 2009 MADD took in $41,006,038 and paid salaries of $20,537,936, over half of their income.

bring on the rest. Show me where MADD was paid with state funds derived from situations such as this.

 

[quincy]

Thanks for pulling up the laws for witzeroni's review, justalayman.

Here is a link to one of witzeroni's earlier threads detailing one of his own drunk driving arrests (he has had more than one): https://forum.freeadvice.com/drunk-driving-dui-dwi-27/dui-video-evidence-405785.html

There are some who actually learn from their drunk driving arrests, and then there are some who would rather blame the drunk driving laws or others for their inability to refrain from drinking. I hope the original poster, DavidF15, is the former and does not become the latter.

 

[justalayman]

Holy cow. This ditzeroni has 4 threads he started about DUI



https://forum.freeadvice.com/search.php?searchid=1678533


he's a sad sad man with so many problems, most it appears are of his own making

 

[quincy]

Holy cow. This ditzeroni has 4 threads he started about DUI



https://forum.freeadvice.com/search.php?searchid=1678533


he's a sad sad man with so many problems, most it appears are of his own making

We have and have had some really good contributors to this forum who have been arrested in the past and have learned from their arrest not to ever put themselves in the same position again. The relating of their experiences and the advice they offer can be a valuable asset to this site.

Unfortunately, there are others who have NOT learned a thing from their experiences and continue to blame everyone and everything else for their troubles. When they start blaming the laws, the cops, the tests, the weather, their wives, their children, whoever and whatever, and cannot accept that they played a major role in why they are in the mess they are in. . . .well, they are probably ones whose advice is best ignored.

 

[witzeroni]

Thought I'd post my history of dui while quincy and justalayman keep butt slapping each other about how cool they are. Curious why you guys come to this board if you have never been charged with dui?? You guys only criticize others! Why would you waste your time if you have nothing to contribute? Who are you working for? Are you really that bored?

Quincy, I didn't mean to hurt your feelings. I appreciate you sharing. Just get tired of seniors like you who are always belittling others. Alcoholism is a disease. Do you make fun of cancer patients also? I was arrested twice for dui - one conviction and once the chargers were dropped. On the one I was convicted, I fully cooperated with the police, and was out of state, paid for an expensive lawyer, and at the same time was a victim of a crime - long story - won't get into it. On the one where charges were dropped, I didn't cooperate (didn't blow or take any field sobriety tests), and had a dirt cheap lawyer.

I certainly don't condone drunk driving, but I have personally witnessed much chicanery involved when applying the law. Read the posts I submitted for examples of the chicanery.

I have found it's best to get a cheap lawyer instead of an expensive lawyer for a plethora of reasons.

Just don't care for your big-government loving mentality and how you guys turn a blind eye to the killing of the most innocent thru abortion, but call for the chair for somebody who gets busted for dui even though he didn't hurt anybody.

 

[justalayman]

Again, I am anti-abortion