Michigan Criminal Defense Lawyer - Drunk Driving Overview - Josh Jones - ALL FELONIES AND MISDEMEANORS

The State of Michigan has various criminal charges for alcohol or drug related acts. These charges and/or convictions carry with them possible licensing sanction, jail time, fines, community service and/or counseling.

It is imperative to know what can and will happen to you if you choose to pled guilty to or are convicted of the following crimes:

ZERO TOLERANCE MCL 257.625(6) - applies to individuals under 21 with a Blood Alcohol Content (aka BAC). There is no statutory jail required, but the maximum fine is $250.00 with Licensing Sanctions as follows: 1st offense - 30 day suspension with restrictions after that time; 2nd offense within 7 years is a 90 day suspension.

Operating While Visibly Impaired (aka OWVI) MCL 257.625(3) – has a maximum jail time of 93 days with maximum fines of $300.00 and Licensing Sanctions as followed: 1st offense: 90 day suspension with restrictions; 2nd offense within 7 years or prior MCL 257.625 conviction then it is an indefinite revocation and eligible for restriction after 1 year; 3rd offense or 2 prior MCL 257.625 convictions then it’s a 1-5 year revocation.

Operating While Intoxicated 2nd (aka OWI) has a jail term of 5 days to 1 year and a $200.00 to $1,000.00 fine. The license sanction is a 1-year revocation if prior MCL 257.625 conviction within 7 years. The vehicle may also be subject to immobilization pursuant to MCL 257.625.

Operating While Intoxicated 3rd (OWI 3rd) 30 days to 1 year in jail. The licensing sanction is a 1- to 5-year revocation.

Operating With High BAC – is an OWI charge where the individual has a BAC of .17 or more. The maximum jail up to 180 days with a possible $200-$700 fine.

Moreover, an individual should note that the maximum possible licensing sanction that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204 [257.625b(4)]. Prior issues with the drivers license can impact the ability for an individual to obtain his or her license when facing any of the above mentioned crimes.

ALL THE ABOVE MAY BE SUBJECT NOT LIMITED TO, BUT INCLUDING THE FOLLOWING:

1. Secretary of State will or may suspend your driver’s license.

3. The Court will suspend your driver’s license.

4. Secretary of State will revoke or deny your driver’s license

5. Screening and Assessment for substance abuse and rehabilitation may be part of any sentence order, all at the defendant’s expense. MCL 257.625b(5)

6. Breath Alcohol Ignition Interlock Device (aka BAIRD) placed in defendant’s vehicle for a specified amount of time will be ordered at defendant’s expense.

7. Community Service.

8. In addition, defendant may be ordered to pay restitution, cost of prosecution, and reimburse the county for your jail stay and probation oversight fees.

Always consult an Attorney prior to moving forward in any criminal matter. Criminal charges, especially alcohol and drug related offenses will and can impact an individual in multiple ways. Make sure that you have the right person in your corner. Josh Jones has your back.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

Drunk Driving - Statistics - Michigan Criminal Defense Attorney Josh Jones - ALL FELONIES & MISDEMEANORS

Drunk Driving Statistics

US adults drank too much and got behind the wheel about 112 million times in 2010. Though episodes of driving after drinking too much (“drinking and driving”) have gone down by 30% during the past 5 years, it remains a serious problem in the US. Alcohol-impaired drivers* are involved in about 1 in 3 crash deaths, resulting in nearly 11,000 deaths in 2009.

Driving drunk is never OK. Choose not to drink and drive and help others do the same.

*These drivers had blood alcohol concentrations of at least 0.08%. This is the illegal blood alcohol concentration level for adult drivers in the United States.

People who drink and drive put everyone on the road in danger. 
Certain groups are more likely to drink and drive than others.

•Men were responsible for 4 in 5 episodes (81%) of drinking and driving in 2010.


•Young men ages 21-34 made up only 11% of the U.S. adult population in 2010, yet were responsible for 32% of all instances of drinking and driving.


•85% of drinking and driving episodes were reported by people who also reported binge drinking. Binge drinking means 5 or more drinks for men or 4 or more drinks for women during a short period of time.

Your best defense against a drunk driver is to buckle up every time.

Every person in every seat should be buckled up on every trip. Seat belts reduce serious injuries and deaths from crashes by about 50%.

Primary enforcement seat belt laws allow police to stop vehicles just because someone is not wearing a seat belt. These state laws are effective in increasing seat belt use.

There are proven ways to prevent people from drinking and driving.

•At sobriety checkpoints, police stop drivers to judge if they are driving under the influence of alcohol. More widespread, frequent use of these checkpoints could save about 1,500 to 3,000 lives on the road each year.


•Minimum legal drinking age laws prohibit selling alcohol to people under age 21 in all 50 states and the District of Columbia. Keeping and enforcing 21 as the minimum legal drinking age helps keep young, inexperienced drivers from drinking and driving.


•Ignition interlocks prevent drivers who were convicted of alcohol-impaired driving from operating their vehicles if they have been drinking. Interlocks are effective in reducing re-arrest rates from drinking and driving by about two-thirds while the device is on the vehicle.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

People v Koon - Operating Under The Influence - MMMA - Michigan Marihuana Lawyer Josh Jones - Michigan Criminal Defense

People v Koon - Operating Under The Influence And The MMMA

It may be considered a landmark case for the Michigan Medical Marihuana community. The Michigan Supreme Court, in People v Koon, has held that individuals who qualify for immunity will not automatically be found to be driving “under the influence” simply because they internally possess medical marihuana.

The Court distinguished the Michigan Motor Vehicle Code, MCL 257.625(8), from the Michigan Medical Marihuana Act (aka MMMA), which allows for the use of medical marihuana. Moreover, the Court pointed out that the Act does forbid an individual from operating a motor vehicle under the influence of marihuana. MCL 333.26427(b). However, as the Court pointed out, the Act does not define what it means by “under the influence.”

Therefore, the Court concluded that the Motor Vehicle Code was not applicable in Koon case. The reason for this is because the MMMA specifically states that any and all other statutes within the State of Michigan that are inconsistent with the MMMA will not apply to such individuals, but of course they must first be immune as defined in the Act. It is important to note that the individuals must be engaged in the medical use of marihuana in order to qualify for this interpretation.

In the end, an individual qualifying for immunity under Section 4 will be allowed to internally possess medical marihuana and operate a motor vehicle. Yet that still begs the question of what qualifies as “under the influence” of marihuana as defined in Section 7 of the Act?

To answer this question the case will likely and seems to turn on other factors that occurred during and/or before the traffic stop, i.e. proving that you are visibly impaired or under the influence.

This means that swerving, weaving, rolling stops, speeding, and the like will all come into play when an officer is attempting to establish reasonable suspicion and probable cause that you are under the influence of marihuana or visibly impaired. More over, the factors just listed, do not include the care smelling like burnt marihuana, an individual’s eye’s being red, a roach sitting in the ashtray, or the like, which will also increase the risk and probable cause that you are driving while under the influence.

Remember, know the law, know your rights, and lawyer-up with Josh Jones. He has your back.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.