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DWI/ DUI

Wednesday, May 31, 2017

DRUNK DRIVING IN MICHIGAN SIMPLIFIED - PART FOUR


Regarding this series, although we could go much deeper into the anatomy and analysis of a drunk driving charge in Michigan, for the lay person, an abbreviated outline of the procedure would in my mind be most beneficial. Generally, when my clients sit down across my desk they are not asking me to educate them on the legislative history of the drunk driving laws in Michigan and how they may compare and contrast to the laws of other States, etc.

NO...


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Friday, May 19, 2017

DRUNK DRIVING IN MICHIGAN SIMPLIFIED - PART THREE


So far in our series we have discussed some of the pertinent aspects of a Michigan drunk driving case leading up to the Pre-trial stage. This court date is required to be attended by both the attorney and client.

Initially, when the drunk driving stop occurred, the police officer, in addition to observing your driving prior to the stop, will have, upon contact with the driver, a number of things to memorialize in a report.


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Thursday, May 4, 2017

DRUNK DRIVING IN MICHIGAN SIMPLIFIED - PART TWO


After you have received your drunk driving citation and have met, discussed and retained my firm to represent you, the next step in the process will be "court".

In this article we will look at the court system and how it relates to your situation. The process is somewhat different for different crimes...


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Thursday, April 27, 2017

DRUNK DRIVING IN MICHIGAN SIMPLIFIED - PART ONE


The laws covering drunk driving in Michigan are the same whether you hail from the northern reaches of the Upper Peninsula or the southern most city in Michigan. How varying counties deal with their drunk driving cases and how individual judges within those counties feel about how drunk driving cases should be resolved, however, vary widely.

Evaluating how different judges deal with drunk driving cases will be the focus of another article, for our purposes here, we will focus on the "nuts and bolts" of the course of a drunk driving case as it winds its way through the court system.

Upon being released from jail after "sleeping it off"..


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Tuesday, April 25, 2017

DUI IN MICHIGAN: THE WINNING APPROACH


Some surprising numbers suggest we might first start by defining what we mean by "winning". Amid all the bluster you hear when you read attorney profiles, after all the promises are made, the numbers do not lie. 

Approximately 1 in every 1300 drunk driving cases that go to trial in Michigan every year are winners. These statistics do not change much year over year and suggest that trying the drunk driving case in Michigan is in the vast majority of cases..


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Thursday, March 30, 2017

I'M NOT BLOWIN INTO THAT!!! LIFE AFTER A BREATH TEST REFUSAL


If you have been unfortunate enough to be in a situation where a police officer is asking you to blow into a device after he/she has observed your driving, there are a number of scenarios that can play out.

Clearly in this situation something has alerted the police to the fact that your driving might be impaired (or worse) by drugs or alcohol. Of course the first thing they will do is observe your demeanor, mannerisms, eyes, breath, speech upon making contact with you on the side of the road or whatever public thoroughfare you happen to be on.

And, as is contained in nearly every drunk driving police report I've read in over twenty five years of practice, the officers observations will go something like this, "Upon contact with ..


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Wednesday, February 22, 2017

EVALUATING THE MICHIGAN DRUNK DRIVING ATTORNEY


Being the recipient of a drunk driving citation in Michigan can be one of the lowest points in a persons life. In addition to not feeling very good about yourself, there will be many questions you need answers to concerning your situation.

CALL ATTORNEY MARTIN LIEVOIS.

By calling  attorney Lievois your have put yourself in the best possible position to effectively address your Flint drunk driving charge. I have handled countless drunk driving cases in various Counties and Cities throughout Michigan.


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Monday, October 12, 2015

“Habitual Alcohol Offenders” under Michigan Law

What is a “habitual alcohol offender” and why does it matter?

Under Michigan law, a “habitual alcohol offender” is a designation given to a person who satisfies certain criteria. Once a person is labeled as a “habitual alcohol offender,” the individual's driver’s license must be revoked, and can only be reissued upon the satisfaction of certain conditions.

The designation is given to those who have two of the following convictions within 7 years, or three of the following within 10 years:

  1. Operation of a vehicle while intoxicated
  2. Operation of a vehicle while impaired by alcohol, drugs, or both
  3. Operation of a commercial vehicle with a BAC of .04 or greater
  4. Operation of a vehicle while under the age of 21 with any alcohol present in the body other than alcohol present due to a generally recognized religious ceremony

According to this definition, “intoxicated” means that one’s blood alcohol content (BAC) is .08 or greater. Note that only one conviction of the fourth type (4) can be counted. Also important to note is that a conviction under a local code or a similar code from another jurisdiction can be used to satisfy the combination.

The consequence of such a designation depends on whether the person has had their license revoked in the past. If this is the person’s first license revocation, the license is revoked for one year. If it's a subsequent revocation or denial within 7 years, the revocation lasts for a minimum of 5 years.

Once a person's license has been revoked under this provision, he or she must wait until the revocation period has expired before applying for reinstatement. In order to be considered for a driver’s license again, the person must attend a hearing in Michigan's Driver Appeal and Assessment Division of the Secretary of State. At the hearing, the habitual alcohol offender must prove to the hearing officer that she or he is no longer a threat to other drivers on the road. The Hearing Officer has the authority to issue a restricted driver’s license, or a full driver’s license, depending upon the proof offered. Restricted driver’s licenses are commonly used to allow the habitual alcohol offender to drive to and from the individual's place of employment, and to other strictly necessary destinations.

If you reside in Michigan and are concerned you may be a “habitual alcohol offender,” you should seek an experienced attorney to represent you. Call Martin T. Lievois, Attorney at Law, at either his Troy office: 248-419-1566 or his Flint office: 810-250-4550.


Monday, August 10, 2015

Effect of a Michigan DUI on Professional Healthcare Licensure

As a nurse, what could happen to my professional license if I received a DUI? 


For those in the healthcare field, a DUI arrest, charge, or conviction could mean more than mere fines and inconvenience. Under applicable Michigan regulations, authorities are required to report instances of DUI to the state licensing boards within a short period of time following arrest. From there, a licensee’s privilege to practice could be suspended or permanently revoked, depending on the facts surrounding the situation. Of course, if you are a medical professional facing this scenario, please do not hesitate to reach out to an experienced Michigan DUI attorney right away. 

Timeline following a DUI arrest

When a medical professional is convicted of a DUI in Michigan, law enforcement must notify the State Licensing Authority within 21 days from the date the clerk enters the conviction on the court’s record. Under MCL 333.16101 to 333.18838, this reporting mandate covers the following medical professionals: 
• Acupuncturist
• Athletic trainer
• Audiologist
• Dentist
• Dental Hygienist or Assistant
• Marriage & Family Therapist
• Massage Therapist
• Nursing Home Administrator
• Pharmacist
• Physician
• Social Worker
• Social Service Technician
• Veterinarian
• Veterinary Technician

This same statute lists the various crimes and offenses that must be reported by law enforcement if the defendant is a healthcare professional. While DUI is not explicitly listed among the dozen or so included offenses, the list does include the requirement to report any “[c]onviction of a misdemeanor that is reasonably related to or that adversely affects the license’s ability to practice in a safe and competent manner….” – which has been historically interpreted to include a conviction of DUI. 

Once the State Licensing Authority has received the information, it will issue its own determination of the best way to handle the conviction against the professional, ranging from private sanctions to permanent license revocation. 

If you are a licensed professional facing a DUI charge, do not take a chance with your livelihood. For more information about how to avoid a career-ending conviction, please contact DUI/ DWI defense attorney Martin T. Lievois today in Flint at (810) 250-4550 or in Troy at (248) 419-1566. 


Tuesday, July 14, 2015

Facing a DUI Arrest as a Student Athlete: What to do next….

What are the consequences of a DUI arrest that are specific to student athletes?


From coaches to players to staff members, DUI arrests within college athletic programs often make national headlines – and put arrestees’ futures in jeopardy. Most recently, the Director of Football Operations for the University of Michigan was arrested under suspicion of operating a motor vehicle while intoxicated. Likewise, two high-profile Michigan State players – one on the basketball team and one on the football squad – were arrested for similar alleged crimes, albeit in the off-season. 

For the optimistic college ball player with a full or partial athletic scholarship, a DUI arrest can change the course of fate.  Unfortunately, an arrest alone – notwithstanding the ultimate verdict – can put a major damper on the collegiate athletic schedule, resulting in suspension or dismissal. 

Collateral effects of a DUI arrest or charge

College sports are governed by multiple layers of rules and regulations. First, there are those rules set by the coach for the governance of the team. These rules obviously vary from school to school, and even among the various teams within one institution. Then, there is the student code of conduct, which sets the expectations and punishments awaiting students who have violated the rules of the school. From there, students receiving loan money, grants, or private scholarships are held to an additional set of academic and character standards. In sum, a DUI charge can result in loss of a prominent playing position, dismissal from school, or loss of tuition funding. 

Student athletes may also face enhanced scrutiny for bringing about a negative reputation on a public or private institution, particularly if the DUI results in a conviction and major penalties. As an athlete in the prime of his or her sports career, one of the most important steps to take immediately upon facing a DUI arrest in Michigan is to contact an aggressive and savvy attorney to handle the various unique components of a DUI charge for the collegiate athlete.

To protect your reputation following arrest for a DUI, please contact Michigan criminal defense attorney Martin T. Lievois today.  He can be reached in Flint at  (810)250-4550 and in Troy at (248)419-1566.

Wednesday, June 17, 2015

Michigan Releases Results of Its Ignition Interlock Device Study

Are ignition interlock devices actually useful in deterring drunk driving in Michigan? 


The potential penalties awaiting a habitual DUI offender can be pretty steep, including significant fines and possible jail time. One way to avoid the effects of a second, third, or subsequent DUI conviction is to avoid driving while intoxicated all together – a concept which prompted the Michigan legislature to implement an ignition interlock device (IID) option for DUI defendants who must rely on their vehicles for transportation to work or school. 

For a period spanning from 2011 through 2014, Michigan authorities followed several IID cases to determine whether the program actually helped to deter recidivism and prevent intoxicated driving. Overall, the program proved wildly successful, and lawmakers are taking steps to expand the program and encourage offenders to voluntarily enroll in the program as an alternative to incarceration. 

Results of 2014 Ignition Interlock Device study

Participants in the IID program are typically offered enrollment as an alternative sentence, and are required to engage in concurrent substance abuse counseling and community service. As a condition of successful completion, each enrollee must submit to a daily breathalyzer prior to starting his or her vehicle – which will remain inoperable until the breath test registers total sobriety. 

Out of the study, the following statistics emerged: 

• Within the areas of Kalamazoo, Waterford Township, Grand Rapids, Traverse City and Marquette, 414 enrollees successfully completed the program, while 55 did not. 
• A separate sobriety court group that did not utilize the IID technology had a 34% failure rate, with 137 participants out of 404 failing to complete the program. 
• Less than three percent of participants have been subsequently convicted of a DUI crime.

Likewise, many graduates of the program credit its conditions with helping them to overcome a debilitating addiction to alcohol. In the words of one participant, “I know being able to drive myself — without having to rely on family or friends for rides — has enabled me to make it to work, to my probation appointments….without this, I probably wouldn’t have remained sober.” 

If you are facing a difficult situation or would like to speak with a Troy or Flint, Michigan criminal defense and DUI

attorney about restoring your driving privileges, please contact Martin T. Lievois.  Our office in Flint can be reached at (810)250.4550 and our office in Troy can be reached at (248)419.1566.



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