Recent Posts in DUI/OWI Category

Last week Friday, it is reported that the President of the Detroit Lions was arrested for driving under the influence.  At the time of his DUI stop, Tom Lewand allegedly had a blood alcohol concentration (BAC) that was twice the state's legal blood alcohol limit,

Lewand was stopped by police after driving erratically during Friday's evening hours.  Officers say that Lewand was driving a sports utility vehicle when they say him crossing from one lane into another after leaving a bar parking lot.  Lewand's breath test result was .21%.  He took the test one hour after his arrest.

When stopped by police, Lewand told then that he has "not drank in a year and a half".  He said that he had stopped at the bar as a designated driver and was there to pick up a friend.

Police issued Lewand with a citation for operating while intoxicated in Denton Township.  He later apologized for his actions.

If you have been charged with DUI in Michigan, you owe it to yourself to obtain legal representation immediately.  Contact Freedman & Freedman to speak with a Michigan criminal defense attorney now!

Under a new ordinance recently adopted by the city of Gibraltar, people convicted of driving under the influence of drugs or alcohol could be forced to reimburse the city for money spent on the incident.

The money obtained under the ordinance would be used to help the city recuperate some of the losses it incurs from alcohol and drug related emergencies. These losses include costs for paying police officers and firefighters their normal wages, as well as overtime wages, and the cost of medical supplies and court personnel.

The ordinance, which affects drivers of cars, boats and snowmobiles, was unanimously adopted by the city council on March 22.

Drunk Driving Attorneys Serving Wayne County, MI

If you are interested in learning more about the drunk driving laws in Gibraltar or any other city in Wayne County, please do not hesitate to contact a Michigan DUI defense lawyer at the Law Offices of Freedman & Freedman. If you were arrested for a drunk driving, not only will you be subjected to court fines and legal fees, but you could also lose your driver's license and end up in jail. Let an attorney at our office help you fight your charges at both the DMV hearing and in criminal court. With more than 30 years of combined experience, we believe we have the knowledge, resources, and legal savvy to provide you with the strong and effective defense you need to increase your overall chances of beating your charges.

Contact the Law Offices of Freedman & Freedman today to arrange an appointment to discuss your DUI or OWI case.

A drunk driver assisted in her own arrest after calling 911 and speaking with a dispatcher for nearly 20 minutes.

According to Police Capt. Tom Johnstone, the driver called 911 and confessed she'd been drinking and felt like she shouldn’t be behind the wheel. The dispatcher pleaded with her to pull over, but she continued to drive until she was eventually pulled over in East Lansing.

The driver, a 27-year-old woman from Charlotte whose name has not yet been released, was issued a citation for operating under the influence. If she is convicted of the OUI charge, she could face 90 days in jail.

In January 2009, Governor Jennifer Granholm signed two new acts that have come to be known as Michigan’s “super drunk” law.

The laws strengthen the state’s drunk driving laws by amending several sections of the Michigan Vehicle Code. The first amendment to the vehicle states that any driver with a blood alcohol concentration (BAC) of .17 grams of alcohol per 100 milliliters of blood or per 210 liters of breath or per 67 milliliters of urine will be subjected to enhanced punitive and license sanctions. Some of these sanctions include increasing the fine to somewhere between $200 and $700 and increasing potential jail time to somewhere between 93 and 180 days. This new law only applies to first-time DUI offenders.The law does not apply to repeat offenders because it is believed the penalties for a second, third, or subsequent DUI are worse than the sanctions imposed under this new law.  

Under the new laws, the offender will also be required to undergo 1 year of alcohol rehabilitation, such as an alcohol treatment program or a self-help program, unless it was a traditional first-time DUI offense (meaning the driver's BAC was less than .17). The requirement to attend a year-long rehabilitation program is a significant change to the vehicle code. Under current Michigan laws, alcohol rehabilitation is not a penalty requirement for any DUI conviction, even if the defendant has been convicted of drunk driving multiple times. Even those drivers found guilty of felony DUI are not required to complete such extensive rehabilitation.  

In addition to these penalties, the Secretary of State will also suspend the license of any driver convicted of a “high-BAC drunk driving offense” for year. The first 45 days of that period is a “hard suspension,” meaning the driver cannot drive at all. After 45 days, the driver may be able to regain some limited driving privileges, but only if the driver consents to having an ignition interlock device installed in the vehicle (they also have to pay to have the device installed, as well as pay the monthly payments to maintain it). If the driver attempts to operate their vehicle with a BAC of .0025 or more, they will face double penalties. Furthermore, if someone ordered to install a device in their vehicle fails to have the device installed, the amendment calls for that person’s vehicle to be impounded if they are pulled over.

Michigan’s current drunk driving laws give judges the authority to decide which offenders will be ordered to install an ignition interlock device as part of their probation.

The laws are scheduled to go into effect on October 31, 2010.

Contact the Law Offices of Freedman & Freedman if you have recently been arrest for OUI in Wayne or Oakland County, and are now searching for an experienced and aggressive Michigan DUI attorney to defend you against your charges. 

Ferndale police have arrested a woman suspected of driving drunk with a small child in the vehicle and fleeing the scene after hitting another vehicle.

The police were able to track down the woman with the help of a driver who called the police and then took it upon himself to follow the woman in his car until the police arrived.

The woman, 46-year-old Jean Timlin, has been charged with operating under the influence while endangering a child, as well as leaving the scene of a property accident. She faces one year in jail for each offense. She was transporting her 4-year-old daughter at the time of the arrest, and her BAC registered at .25%, more than three times the legal limit.

According to Timlin’s attorney, she is terrified of losing custody of her daughter and getting fired from her job.

A preliminary exam has been scheduled for March 18.

Operating under the influence is a serious offense, but when a person drives drunk with a minor in the vehicle, the prosecution will undoubtedly seek enhanced penalties. In some states, like New York, it is now a felony to drink and drive with children in the vehicle. If you have found yourself facing enhanced OUI charges, you can depend on a Michigan DUI defense attorney at the Law Offices of Freedman & Freedman to provide you with the unrelenting defense you need. We understand you are in a serious predicament, and would be happy to help you fight your charges to the best of our ability.

Contact the office today at (877) 858-5297 to learn more about our DUI defense services.

Craig DeRoche, former speaker of the Michigan House, has been arrested on suspicion of driving under the influence.

According to police, the former politician was so drunk he couldn’t even stand up on his own.

Police responded to the scene in Saline after several witnesses called the station to report a man they saw drunkenly leave his car and walk up to a store. When officers arrived at the scene, DeRoche was stumbling around in the snow, and a breath test revealed his blood alcohol concentration was .249, more than three times the legal limit. A blood test was later administered at a local hospital, but the results of that test will not be made available for a few weeks.

It’s a crime in the state of Michigan to drive with a BAC higher than .08 percent.

As of now, city attorney Allan Grossman has not filed charges against DeRoche, but DeRoche did say he would cooperate fully with the police and the courts.

One reason the police might be hesitant to file drunk driving charges against DeRoche is because they never actually witnessed him driving, they only received reports from others who saw him driving. Even in light of this DeRoche has taken full responsibility for his actions and said he plans to learn from his mistakes.

DeRoche was House speaker from 2005-2006, but had to leave office due to term limits.

Have you been arrested for OWI or DUI in Oakland or Wayne County? A Michigan DUI lawyer at the Law Offices of Freedman & Freedman can help. To learn more about our DUI defense services, please contact the office at (877) 858-8297 to arrange a consultation to discuss your charges.

A Clinton Township man has been arrested on hit & run charges after hitting a Rochester Hills sheriff deputy’s patrol car and driving away.

As the deputy was living an accident scene he had responded to, the suspect hit the deputy’s patrol car on the back rear panel and drove away.

Neither the suspect nor the deputy was injured.

With help from the Sterling Heights Police Department the deputy was able to track the suspect to his home, where he was placed under arrest.

The suspect is currently being held in the Oakland County jail for  operating while intoxicated and fleeing and eluding.

If you have been arrested for OWI, hit & run, or any other serious traffic offense, an experienced Michigan traffic ticket attorney can help. Unlike a regular traffic ticket, these offenses warrant criminal charges that can land you in jail, strip you of your driving privileges, and result in a mark on your permanent record.

To ensure you have the aggressive defense you need against your charges, please  contact the Law Offices of Freedman & Freedman today at (877) TKT-LAWS!

Can I fight a breath or blood test?

Absolutely. It's always best to question the accuracy of a breath or blood test, seeing as how there are so many factors that could cause the test results to be inaccurate or misleading. Even something as simple as an officer miscalibrating the breathalyzer machine or a lab technician using contaminated testing materials can affect the accuracy of a breath or blood test. An experienced  Michigan DUI defense lawyer at the Law Offices of Freedman & Freedman can talk with you about the possible defense strategies used to fight breath or blood test results.

Are the laws different for commercial drivers then they are for regular drivers?

Yes, in fact the drunk driving laws are more strict for commercial drivers than they are for regular drivers. In accordance to Michigan law, commercial drivers can be arrested and charged with OWI or DUI if their BAC is .04 percent or higher. For regular drivers the BAC limit is .08 percent or higher. And although all drivers are at risk of losing their driving privileges following an OWI/DUI arrest, commercial drivers are also at risk of losing their jobs.

What is the drinking limit for people under the age of 21?

Michigan has very strict laws in place regarding underage drinking and driving.  The state’s zero-tolerance policy says that people under the age of 21 cannot drive with any detectable amount of alcohol in their system. This means that even if an underage driver blows a .01 percent they could still be arrested for drunk driving.

What are common DUI penalties?

There are several penalties associated with OWI/DUI, such as:

• Time in jail or prison
• Driver’s license suspension or revocation
• Fines
• Probation
• Community service
• Installation of an ignition interlock device
• Mandatory alcohol awareness classes

If you have any additional questions regarding an OWI or DUI arrest, charge, or conviction in Oakland or Wayne County, an experienced Michigan DUI attorney at Law Offices of Freedman & Freedman would be happy to answer your questions and discuss your case. To arrange a consultation, please fill out a free case evaluation or contact Freedman & Freedman today by calling (877) 858-5297!

There are a number of reasons why a person’s driver’s license may be suspended or revoked, such as:

• Operating while intoxicated or driving under the influence
• Having multiple OWI/DUIs on your record
• Accumulating too many points on your driving record
• Committing a traffic violation
• Failing to comply with a court order
• Failing to respond to a traffic ticket or citation
• Failing to pay child support
• Committing multiple parking violations
• Possession of alcohol by a minor
• A drug crime conviction
• Driving without insurance and causing a car accident

If your license has been suspended for any of these reasons, and you are interested in getting your driver’s license reinstated, it is best to contact the office today to schedule a consultation with an experienced Michigan traffic ticket attorney.  During the consultation, a member of our staff will review the circumstances of your suspension in order to determine what steps will need to be taken to get your license reinstated.  Your ability to get your license reinstated will depend on why it was suspended in the first place.  For example, if your license was suspended for drunk driving, it will be more difficult to get your driving privileges reinstated than if your license was suspended for a non-driving offense, such as falling behind on child support, a drug crimes conviction, or driving without insurance.

At the Law Offices of Freedman & Freedman, we understand how inconvenient it is to lose the ability to drive, which is just one of the many reasons why we are committed to working diligently on your behalf to get your license reinstated as quickly as possible.

To learn more about our license suspension services, please contact the Law Offices of Freedman & Freedman today at 1 (877) 858-5297.

When the police suspect a driver of operating while intoxicated (OWI), they will ask the driver to submit to a breath or blood test to determine their blood alcohol concentration.  If the driver’s BAC is at or above .08%, the police have justifiable grounds to place the driver under arrest on suspicion of drunk driving.

Many people arrested for OWI or DUI don’t realize they can contest the results of a breath or blood test.  If you have been arrested and charged with DUI or OWI, you absolutely should fight the results your test with the help of an experienced Michigan DUI lawyer at the Law Offices of Freedman & Freedman!  There are actually a number of factors that could cause a false, misleading, or inaccurate reading of your blood alcohol concentration.  For example, if the officer failed to properly calibrate the breathalyzer machine, it could give an inaccurate reading.  Radio interference is another common cause of inaccurate readings.  If the equipment used during a blood test was contaminated, it will also affect the accuracy of the reading.  Not to mention, simple human error when processing the lab work is another reason why a blood test might produce a false reading.

Field sobriety tests are administered on the side of the road when a police officer suspects a person of driving under the influence.  These tests were designed to challenge a driver’s physical coordination, alertness, and his or her ability to follow instructions.  It is believed that if a driver performs poorly or fails a field sobriety test, then he or she is too intoxicated to be operating a vehicle, thus giving the officer justifiable cause to ask the driver to submit to a breath or blood test  or even place the driver under arrest for DUI/OWI right then and there.

There are three standardized field sobriety tests that are mainly used by Wayne and Oakland County police officers:

Walk and Turn Test:  This type of test is performed by the driver taking nine heel-to-toe steps in a straight line, turning, and repeating the same action in the opposite direction.  During the test, the police officer is looking to see if the driver followed instructions and is able to walk in a straight line without wobbling or falling over.

One-Leg Stand Test:  During this test, the driver is instructed to stand with his or her feet together, arms at the side.  The driver is then supposed to raise one foot six inches off the ground while counting out loud simultaneously.  If the driver hops, loses balances, puts his or her foot down, or fails to follow the officer’s instructions, it can be taken as a sign of intoxication.

The Horizontal Gaze Nystagmus Test:  During this test the officer will hold a pen or small object several inches from the driver’s face. The driver is supposed to follow the object’s line of motion with his or her eyes.  It is believed that the eye twitches at a 45 degree angle when a person has been drinking.  However, nystagmus is a real medical condition that can affect a person even when they haven’t been drinking.

Of all drivers, commercial drivers have the most at stake following a DUI arrest or a traffic citation.  Not only are the commercial driving laws stricter than the traffic laws pertaining regular drivers, but the consequences of a DUI or traffic offense are much greater for a commercial driver.  For example, a regular driver will be arrested for OWI or DUI if his or her BAC is .08 percent or higher.  Commercial drivers can be charged with DUI or OWI with a BAC level as low as .04 percent.

If you are a commercial driver and you have been arrested on DUI/OWI charges or ticketed for a traffic violation, it is imperative that you seek experienced defense representation right away.  If you lose your driver’s license not only will you no longer be able to drive, but you will also no longer be able to work.  Naturally, this will have a direct effect on your ability to support yourself and your loved ones.

When a person is suspected of DUI or OWI, the police will ask them to submit to a breath or blood test.  If a driver refuses to submit to either of these tests, then his or her driver’s license will automatically be confiscated, resulting in a one-year suspension.

Drivers have the opportunity to contest the suspension of their license at an administrative hearing.  However, a driver only has 14 days to schedule this hearing.  Failure to schedule and appear at a hearing will result in the loss of one’s driver’s license.

Has the troubled economy made the government desperate for ways to cut costs? Some people would say so.  And one way they are doing it is by using advanced technologies to monitor people accused of drunk driving.

When a driver is arrested for OWI or DUI in Oakland County, Wayne County, or anywhere else in Michigan, he or she may be ordered to wear an ankle monitoring device.  This device allows law enforcement officials to track drunk driving offenders 24 hours a day, seven days a week, without the state having to cover the cost of incarceration in jail or prison.  Instead, the offender pays a small fee (typically anywhere from $12 to $20 a day), and law enforcement officials can track when the offender consumes alcohol.

The device, which is attached to the offender’s ankle, works by measuring the offender’s perspiration at least every hour, if not every half an hour. The device can sense alcohol if it is released when the body perspires. The data is automatically computed and sent to a database where a law enforcement agent will be notified if the offender consumes alcohol.

DUI arrests involving women has gone up almost 30% since 2007, a trend that is not lost on female celebrities. Over the past few years, countless female celebrities have been arrested on suspicion of DUI, and if we had to guess, we would say the rate of celebrity women arrested for DUI will not be going down anytime soon.

The following is a list of some of the more recent DUI arrests involving some of Hollywood’s leading ladies:

• Heather Locklear: arrested in 2007 on suspicion of DUI in Santa Barbara, California.  Locklear pled guilty to reckless driving, a lesser offense.  After paying a $700 fine she was ordered to attend a 12-hour drug education program. She was also sentenced to three years probation.
• Lindsay Lohan:  Lohan was arrested in 2007, and pled no contest to driving under the influence. She was sentenced to three years probation, 10 days of community service, 30 days in drug rehab, and an 18-month alcohol education program. Because Lohan did not complete her treatment program, a judge in Beverly Hills recently extended her probation.
• Joyce Dewitt: Dewitt was arrested in 2009 on suspicion of DUI after police could smell alcohol on her breath.  Dewitt was later released after posting $5000 bail.
• Other female celebrities that have been arrested on DUI charges in recent years include Mischa Barton, Nicole Richie, Paris Hilton, Vivica A. Fox, Alexandra Kerry (Senator John Kerry’s daughter), and reality TV star Shayne Lamas.

It is unclear why the rate of DUI arrests among women has gone up.  But one thing is for certain: these female celebrities are not setting a good example for the millions of impressionable girls that look up to them.