Blog Posts Tagged with drunk driving

New commission would establish THC level for impaired driving

by: Matt Newburg

March 24, 2016 at 5:05 PM EDT

A measure is pending before the Michigan House of Representations that would create a new commission to research and recommend the per se level of THC — the active ingredient in marijuana — that could lead to an impaired driving charge.

Marijuana is currently listed as a Schedule 1 drug. But unlike the components in other Schedule 1 drugs, the THC in marijuana can be detected in saliva, blood, hair and urine, long after the effect on a person’s driving ability has passed. Right now, a...

Are “Implied Consent” DUI Laws Unconstitutional?

by: Matt Newburg

January 9, 2016 at 4:26 PM EST

All 50 states currently have “implied consent” laws for drivers who are arrested on suspicion of drunken-driving and who are asked to submit to blood-alcohol testing. However, these implied consent laws are currently facing a constitutional challenge in the nation’s highest court.  Under state implied consent laws, when you get your driver’s license, it means you have also automatically given consent to blood-alcohol testing if you are ever suspected of DUI....

15 minutes: The waiting game

by: Matt Newburg

August 24, 2015 at 7:59 PM EDT

Michigan Law requires that prior to the administration of a Datamaster test officers must monitor the person submitting to the test for the 15 minutes prior to the datamaster administration.  A datamaster is a test that is often times administered at the jail after an individual has been arrested for Operating Under the Influence of Liquor.  While Datamaster results are admissible in any civil or criminal case, the admissibility is not absolute.  Datamaster results are...

Michigan Drunk Driving Law Changes... In Favor of the Driver?

by: Matt Newburg

March 4, 2015 at 8:09 PM EST

Michigan Public Act 315, of the 2014 Legislative Session, which amends M.C.L.  257.625a, was intended to help officers make more drugged driving arrests.  But the new law, which was effective January 12, 2015 is making things more difficult for prosecutors.

Before the amendment, Michigan law permitted a police officer require a driver submit to a preliminary chemical breath analysis if the officer has reasonable cause to believe that the person was operating a motor vehicle while...