However, there are possible defenses, and it’s possible to get charges reduced with the help of a Michigan DUI defense lawyer.

How Does Michigan Define DUIs?

In Michigan, it is illegal to drive with a blood alcohol content (BAC) of .08 or higher if you are over 21. If you are under 21, you cannot drive with a BAC of .02 or greater. Michigan also defines high-BAC or “super drunk” as anyone with a BAC of .17 or higher.

You can be arrested for driving with a BAC exceeding any of these limits. However, you may also be arrested and charged with a DUI if you exhibit signs of impairment while operating a motor vehicle, no matter your BAC.

What Happens if a Child Is There?

Drunk driving with a child in the car may be considered child endangerment. Child endangerment is when a person “knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child.” This applies whether harm occurs to the child or not. This is a criminal offense that can result in harsh penalties.

What Penalties Exist for Driving while Endangering Children?

According to the National Highway Traffic Safety Administration (NHTSA), 29% of young drivers 15 to 20 years old killed in crashes had BACs of .01 g/dL or higher in 2020. You will face penalties for OWI with child endangerment whether the child was related to you. Penalties increase for subsequent offenses.

For a first offense, you will be charged with a misdemeanor and face:

• Up to $1,000 in fines
• Up to one year in jail
• Driver’s license suspension
• Community service
• Up to two years of probation

For a second offense within seven years of the first offense, you will get a felony charge and face:

• Up to $5,000 in fines
• Up to five years in prison
• Revocation or suspension of your driver’s license
• Community service
• Up to five years of probation

If the driver is under the age of 21 and they have a minor in the car, they can still face significant penalties, including:

• Up to $500 in fines
• Up to 93 days in jail
• 60 days of community service
• Up to two years of probation

Child Protective Services (CPS) may get involved because Michigan law enforcement must notify them of any criminal offense that puts a child in danger.

Are There Defenses Against DUIs with Children Involved?

Defenses against DUI with a child include the common defenses used in a normal DWI situation. You can challenge the BAC test and the evidence used to pull you over in the first place. However, it is best to negotiate with the prosecutor and make a plea deal in many of these cases.

If this is a first offense, you can likely avoid jail time or even plea your charge down to a lesser offense. You may even be able to take part in a suspended sentence program that allows you to get help for drug or alcohol abuse.

Working with an attorney who can help you navigate this part of the legal arena is essential. The judge and prosecutor will likely try to pin child endangerment on you. You shouldn’t deal with the situation alone. Instead, allow an experienced criminal defense attorney to protect your rights aggressively.

Call the Drias Law Group for Your DUI Defense

OWI with child endangerment is a serious charge in Michigan that can land you in jail. You may also face problems with CPS when law enforcement reports the situation to the government agency.

To avoid the issues you will face, call attorney Martin Drias today at (313) 944-0236 or use the online contact form to reach out.

The post What Happens if I Was Charged with a DUI While My Child Was in the Car? appeared first on Drias Law Group, PLLC.

Can you drive with marijuana in the car? Is using it while driving illegal, and if so, what about driving afterward?

Even though marijuana is legal, there are still many ways you can end up in legal trouble with this drug. Here’s a basic rundown of what’s legal and illegal about having marijuana in your car in Michigan. However, if you’re charged with a marijuana-related crime, it’s always best to consult a defense attorney.

Driving High or While Smoking Marijuana

While legalization is here to stay, Michigan law clearly states that you cannot drive and consume marijuana. Furthermore, you cannot operate a vehicle while under the influence of marijuana.

This seems cut and dry. If you are caught driving while using or under the influence of marijuana, you face serious criminal charges for drugged driving. If you cause an accident, you are also at risk of being named in a personal injury lawsuit.

How the Police Catch Impaired Drivers

With a possible drugged driving offense in mind, the question of impaired driving isn’t as straightforward as it seems.

After all, how do police determine whether or not a driver is high? Michigan has a zero-tolerance policy for operating under the influence of marijuana, but simply having marijuana in your system does not mean you are impaired.

The law is applied differently to those who use marijuana for medical purposes.

The law looks at alcohol and marijuana as if they affect the body similarly, even though they don’t. Michigan sets the BAC limit at 0.08 because that is the level at which most people are too intoxicated to drive. There is no such level for marijuana.

Wait, it gets more complicated. The concentration of THC in your blood is one way to determine whether or not you are impaired. But, THC remains in the blood longer than you stay under the influence of marijuana.

Police generally determine impairment based on their observations. They may look for a driver who is driving erratically or far below the speed limit. They may also conduct field sobriety tests. If anything suggests impairment, they will request a chemical test.

Driving With Marijuana in Your Vehicle

While you cannot smoke in your car, you can have it in your car. Specifically, you can have up to two-and-a-half ounces of marijuana in your car, but no more than 15 grams may be in the form of an edible or another concentrate.

Stores cannot sell you more than two-and-a-half ounces at a time.

Some people wonder if they can have more than two-and-a-half ounces if they do not purchase more than two-and-a-half ounces in one location. However, two-and-a-half ounces is the most you can have, so consider spreading out your dispensary trips.

It’s generally recommended that you keep it in a concealed location that you cannot easily access. This makes it harder for police officers to claim that they have reason to believe you were smoking while driving.

Additionally, you cannot have marijuana in your car if someone else is smoking it. If you have a passenger smoking marijuana in your car, you risk criminal charges.

Transportation of Marijuana Across State Lines

Your phone may be ringing off the hook from friends and family in neighboring states, but it is illegal to transport marijuana across state lines. People often visit Michigan to bring marijuana back home, but doing so is unlawful.

If you leave Michigan with legally purchased marijuana and get caught, you face state or federal charges. It’s even riskier if you try to fly with legally purchased marijuana, as you are then in violation of federal law.

Taking marijuana across state lines may even be considered drug trafficking. This is true even if you bring marijuana into another state where it is legal.

Call Drias Law Group for Help

If you’re facing marijuana charges, you mustn’t take the matter lightly because it is largely a legal substance now. It’s time to talk to a Michigan criminal defense lawyer to protect your rights and your future.

At the Drias Law Group, we will review the details and aggressively pursue the best possible outcome. This could be a charge reduction, dismissal, or proving you did nothing wrong. Get in touch online or call (313) 944-0236 for a free, confidential consultation.

The post Driving With Marijuana in Michigan appeared first on Drias Law Group, PLLC.

Have you spent years of your life dealing with the repercussions of an OWI conviction? Learn how you could wipe your record clean.

The New Michigan OWI Expungement Law

Before this new OWI expungement law, people who had previous convictions for OWIs were not eligible to expunge their records.

When your record is expunged, your OWI conviction won’t appear on a criminal background check. The public cannot see that you had a record, although select law enforcement agencies can.

Now, you could remove an OWI conviction after requesting expungement from the court. You have the opportunity to put the past behind you and start fresh.

Who Qualifies for OWI Expungement in Michigan?

To qualify for an OWI expungement in Michigan, individuals must:

• Have only one prior OWI conviction
• Wait a minimum of five years after any probationary term has ended
• Be convicted of a non-violent OWI (did not injure or kill anyone)

This new OWI expungement law applies only to first-time, non-violent OWIs. It is at the judge’s discretion whether to approve or deny an OWI expungement request.

How to Get Your OWI Expunged in Michigan

Although applications to file for expungement won’t be filed until February of 2022, here is a rundown of the process for expungement so that you know what to expect.

1. Pull your criminal record by ordering a copy from ICHAT
2. Go to local police to have fingerprints taken
3. File your application with the court clerk
4. Mail copies of your application to the prosecutor, Attorney General, and State Police
5. Prepare for and attend your hearing

Although this process may seem straightforward, it should not be done by yourself. An attorney ensures that your petition is complete and accurate. They can also represent you at all related court proceedings. Be aware that pulling criminal records and obtaining fingerprints may result in a small fee.

How the Court Decides to Grant Expungement

You will need to petition the court and request that the judge grants your expungement. The judge will consider several different factors when deciding whether to grant your OWI expungement petition, including:

• Whether you participated in drug or alcohol rehabilitation
• Whether you participated in educational programs
• Whether you have maintained a safe driving record since your conviction
• Whether you were charged with any other crimes since your conviction

What Happens if Expungement is Granted?

If granted, your public record will no longer reflect your OWI conviction. When you apply for jobs, housing, student aid, and other things that require you to disclose your criminal past, you will be able to answer “no” truthfully.

How to Improve Your Chances for Expungement

You must wait at least five years after probation to petition a judge for expungement. However, you can use this time as an opportunity to improve your chances for expungement:

• Enter a driver-training program
• Complete drug or alcohol treatment
• Participate in community service
• Avoid criminal activity

You want the court to review your petition favorably so that you may put an OWI conviction behind you and move forward with your life.

Get Help From a Michigan Expungement Lawyer

Michigan’s new OWI expungement law may be the chance you need to clear your record. To learn more about eligibility or get started on your petition, call an experienced Michigan criminal defense lawyer at Drias Law Group.

Call (313) 944-0236 or use our online contact form to schedule your free, no-obligation consultation.

The post What You Need to Know About Michigan’s New OWI Expungement Law appeared first on Drias Law Group, PLLC.

At Drias Law Group, we succeed in defending OWI cases through a combination of aggressive advocacy and sound counsel. From the earliest stages of the criminal justice process, we inform our clients of the issues at stake in their case, and how they can improve their outcome by asserting their rights. When the client and their counsel are on the same page, the case generally gets much better results. If you want to work with an experienced Detroit OWI attorney, call us today at (313) 944-0236 or our online contact form for your free consultation.

1. Exercise Your Right to Remain Silent During and After Your Arrest

It’s a common myth that you can talk your way out of a drunk driving arrest. We’ve all heard of someone who’s done it, but where is the hard evidence to back up their claims? As criminal defense lawyers, our conclusion after working on hundreds of OWI cases tell us that the less our clients say to the police, the better their case outcome. The Constitution of the United States guarantees your right to remain silent during your arrest and criminal prosecution, so it’s best to exercise this right.

The problem with talking to the police is that what you say, and how you say it, can be twisted around and used as evidence against you at trial. The arresting officer will testify in detail about the statements you make. If you tell the officer that you only had two beers, but the results of your blood alcohol concentration test later shows that you likely had much more, the judge or the jury will have reason to doubt your honesty and credibility. Furthermore, talking to the officer may give them the opportunity to testify about your slurred speech and the odor of alcohol on your breath.

2. Call a Lawyer As Soon as Possible

In addition to your right to remain silent, the Constitution guarantees you the right to be represented by a lawyer during the criminal justice process. Just like the right to remain silent, your right to an attorney is essential and you should take advantage of it. Not only are lawyers equipped with the education and experience to successfully advocate for you, but they will also be familiar with the particular court and judge that will hear your case. This means that they are in the best position to determine what strategy and tactics to use to win your case.

During the first steps of your criminal prosecution, the assistance of a lawyer is particularly important. The most effective defense to an OWI charge is to attack the prosecution’s evidence with a motion to suppress. If successfully performed, this motion can result in the prosecutor not having any evidence to use against you, which in turn can result in the dismissal of your case before trial. Your lawyer can use the police’s mistakes or failures to follow proper procedures as the basis for a successful motion to suppress.

3. Don’t Accept a Plea Deal Before Talking With a Lawyer

Most criminal cases do not make it to trial. The defendant simply pleads guilty to the offense after the prosecutor offers them a deal. These deals usually involve the assurance of a lenient sentence, of a conviction for a lesser offense such as reckless driving. While accepting a plea deal might be the best case outcome you can hope for, it’s virtually impossible to know this for sure unless you consult with an attorney first.

When considering a plea agreement, you need to consider several factors, such as the strength of the prosecutor’s evidence, your likelihood to succeed at trial, the possibility of negotiating better terms to the deal, and the possible collateral consequences of a criminal conviction. You can’t expect the prosecutor to honestly advise you about your options–their interest is in securing another criminal conviction with the least effort possible. So unless you are a legal expert, the only way you can effectively determine whether a plea bargain is a good option is to work with an experienced criminal defense lawyer.

4. Get Your Driver’s License Back

If you refuse to take or fail to pass a breathalyzer or blood test after your OWI arrest, the State of Michigan will automatically suspend your driver’s license. This driver’s license suspension is the result of an administrative action that is separate from your criminal case–although a judge may sentence you to additional driving restrictions after your conviction. Fighting the administrative suspension of your license can greatly benefit your OWI case.

At the administrative hearing, the state will present its evidence and your lawyer is allowed to challenge it. Even if you don’t win at the hearing, it will allow your lawyer to test the strength of the prosecution’s evidence and the credibility of its witnesses before the criminal trial. If you do win, you get your driving privileges back, which means you can keep taking your kids to school, going to your job, and attending your court dates. You may also apply for a restricted driver’s license to keep driving after the revocation of your privileges.

5. Take the Process Seriously and Don’t Give Up Hope

We all know the criminal justice system is seriously flawed. It’s a system that needlessly incarcerates millions of people–a disproportionate number of whom are people of color. It’s a system that seeks to punish instead of rehabilitating. It’s a system that favors the rich over the poor. For these reasons, many people have a fatalistic attitude when they get caught up in the criminal justice system. But we urge you not to become another unfortunate statistic, and to fight against your charges.

With a good lawyer by your side, you stand a real chance of avoiding the consequences of a criminal conviction. By showing up to your court dates and making a good impression–by playing the game–you can also increase your chances of obtaining an acceptable case outcome. In our experience, clients who approach their cases with a proactive, can-do attitude fare the best in the criminal justice process. So take the first step in fighting back against the system and call Drias Law Group today at (313) 944-0236 or our online contact form for your free consultation.

The post 5 Ways to Improve Your Case After a Detroit OVI appeared first on Drias Law Group, PLLC.

Contact the Drias Law Group to speak with a knowledgeable Detroit lawyer about how we can protect your rights after a DUI arrest. Do not hesitate to contact our office today at (313) 944-0236.

The Penalties You May Be Facing After a DUI

Using the legal process to fight your DUI arrest may be the only way to end your case without facing any serious punishments that unfairly impact your life. A skilled lawyer will be able to review the case against you and give you an idea of the punishment that you can be facing. Furthermore, your lawyer can use their experience to determine how aggressively the prosecution will seek to handle your case. Working with skilled legal counsel can help you to fully understand the penalties that you face and whether going to court is ideal for your situation.

The various penalties that can follow a DUI arrest in Michigan include:

• Suspension of license: Your driver’s license can be suspended for up to six months after a DUI conviction. It is possible for you to seek a restricted license after the first 30 days of your suspension.
• Jail time: A conviction for a first DUI offense can result in up to 180 days in jail. However, this can be substantially increased if it’s a subsequent conviction, or if someone is injured in your case.
• Fines: The court can fine you hundreds of dollars for a first DUI offense, and thousands for subsequent ones. However, a conviction can bring about other expenses associated with reinstating your license and maybe being required to install an ignition interlocking device on your car.
• Community service: The court can require DUI offenders to perform community service as part of their punishment. This can involve up to 360 hours for a first offense.

How a Lawyer Can Build a Strong Case for You From the Beginning

Taking your case to court can make the legal process surrounding your DUI arrest weeks or months longer. However, you and your lawyer may agree that this can result in all charges being substantially lowered or even dropped. Every year in Michigan there are many instances of law enforcement errors made in arrests or when handling evidence. Your lawyer can argue that due to one or several of the following errors occurring, your case should be dropped:

• Police did not have probable cause: In order to detain and arrest you, police must legitimately have reason to believe that you are breaking the law. Officers must be able to testify as to why they pulled you over before you were arrested for DUI.
• A breath test did not follow a proper observation period: Breathalyzer tests can be inaccurate if certain substances are present in your mouth within 30 minutes before the test is performed. A person must be closely observed before the breathalyzer is used in order to make sure the test results are accurate.
• Failure to properly conduct physical tests: People pulled over for suspicion of drunk driving may be asked to perform physical tests such as walk-and-turn or a horizontal eye gaze. Mistakes made by police can make it impossible to pass these physical tests, and they can result in an arrest.
• Improper handling of physical evidence: Breath, urine, and blood machines must be properly maintained in order to give accurate blood alcohol readings. Technicians who improperly handle physical samples can cause evidence to be rendered useless.

A knowledgeable Michigan DUI lawyer can study your case by speaking with you, interviewing witnesses, and attending pre-trial court proceedings. This will help your counsel understand if your case can be successfully completed before trial. In some cases, it may not be possible to have all charges dropped. If this is your situation, a skilled lawyer can still work with the court to reduce charges and help you get your license back as soon as possible.

Drias Law Group Can Help You After a DUI Arrest

There are many questions that you need answered after an arrest. Fighting your case in court may offer you an excellent opportunity to clear your name. However, you may be successful in lowering or dropping your charges even without going to court. It’s important to call a skilled and experienced lawyer as soon as possible if you or a loved one were arrested for driving while intoxicated. Your case will move fast; protecting your rights will require you to not delay in taking action.

Contact Drias Law Group to speak with a Detroit defense attorney about your case. We know how important it is to protect your future after an arrest for DUI. Contact our office today at (313) 944-0236.

The post DUI Trials in Detroit: Should I Take My Case to Court? appeared first on Drias Law Group, PLLC.

Contact Drias Law Group to speak with a Detroit defense lawyer after you have been arrested for driving while under the influence. Do not delay in discussing your case with a knowledgeable attorney. Contact us today at (313) 944-0236.

You Have the Right to Have a Lawyer Through the Entire Process

Each DUI arrest has its own unique details, and it’s understandable for anyone to be confused about what to do in the days that follow. We strongly encourage you to call your lawyer as soon as possible after being arrested. Michigan law enforcement agencies make thousands of DUI arrests every year, and therefore they may give you the impression that this is routine. However, having experienced legal counsel will greatly help you navigate the entire process. Our firm’s goal is to have our client’s charges reduced or dropped, and this work begins right away after an arrest. Your lawyer can be of great help through the following steps:

• Arraignment: This hearing is where you are formally charged with a crime. While you don’t need a lawyer here, this is a great opportunity for your legal counsel to learn about your case and what evidence the prosecution will have.
• Pretrial hearings: Michigan DUI cases often have two or more pretrial hearings. Here your lawyer can negotiate for reduced or dropped charges while also receiving updates on the prosecutor’s case.
• Trial: Most DUI cases don’t go to trial, but letting the prosecutor know that you are ready for trial may encourage them to offer you an excellent plea deal. Detroit area prosecutors understand that our firm has the experience necessary to win cases in court.

Taking Your Case to Trial Generally Does Not Enhance the Risks You Face

Many people worry that fighting their case may bring about a risk of a severe penalty should they fail in court. This is not necessarily true. Michigan laws allow for the prosecution to be very aggressive when handling a DUI case. This means that given their strong position in a pretrial negotiation, the prosecutor can work to deliver a harsh penalty. While taking your case to trial can result in successfully clearing your name, it can take longer and cost more. The pros and cons of fighting your case are things that you must discuss with your lawyer. A DUI on your permanent record can also result in the following:

• Jail time: Up to three months for a first offense. Second and subsequent offenses can result in over a year in prison.
• Fines: First DUI offenses can bring about fines up to $500, but subsequent offenses often result in thousands of dollars in fines.
• Loss of driver’s license: Even a first DUI will result in at least 30 days of suspension for your driving privileges. You can permanently lose your license after multiple DUIs.

Police Officers Often Make for Poor Witnesses in DUI Cases

Law enforcement officers must take many steps in order to properly conduct a DUI arrest. While we hope that they are acting in good faith, it’s very common for them to make one or several errors. Studies by the National Highway Transportation Safety Administration have found that officers in numerous states make critical mistakes in about 10% of field sobriety tests. These tests include walk and turn, standing on one leg, and the use of machines such as breathalyzers. There are countless other mistakes that police can make which may severely harm your civil rights. Problems that prosecutors have when bringing police as witnesses in DUI cases include:

• Police can’t always recall the details: Poor note taking or the inability to remember important details of your arrest can severely damage the prosecutor’s case against you. Your charges should be dropped if police failed to protect your rights when you were detained.
• Officers are not always prepared for trial: The schedules of police and prosecutors will often not allow for them to take time beforehand and prepare their testimony in your case. On the other hand, you and your lawyer might have a great advantage if you work together to build a strong defense against your arrest.
• Police and prosecutors don’t always understand the science involved: Proving intoxication with a physical or chemical test requires making sure there are no mistakes which can unfairly harm the defendant. Unlike many officers or prosecutors, our experienced Detroit defense team understands the science involved in your case.

Drias Law Group Can Help You After a DUI Arrest

Prosecutors have a lot of pressure to hand out harsh penalties for DUIs in Detroit. For this reason, it’s important that you act quickly to protect your rights from an overly aggressive prosecution. Many DUI cases are weak and built on evidence that might not have been properly collected. While your case may initially seem desperate, a skilled Michigan defense lawyer can use their experience as they seek to have your charges reduced or dropped all together. Do not hesitate to call your lawyer after you or a loved one have been arrested for DUI in Detroit.

Contact Drias Law Group to discuss your case with a knowledgeable attorney who can help you understand your options. Contact our office in Detroit today at (313) 944-0236.

The post What Detroit Prosecutors Don’t Want You to Know about DUIs appeared first on Drias Law Group, PLLC.