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Michigan Drunk Driving Defense Lawyer | OUIL DUI DWI OWI MIP Defense Law Attorney | Michigan 14 Day Limitation Get Help Now! Greater Detroit Area " Greater Detroit Area Greater Detroit Area "Patrick T. Barone Site Navigation Return Home DUI Defenses DUI Sample Cases DUI Attorney Info DUI Resources DUI Courts Info DUI Driver License DUI Links Thank you for a better than expected outcome on the 2 cases you handled for me. You did a outstanding job, handling every aspect of the cases in a professional and highly confident manner. I would recommend you to others in need of legal help. -DH Michigan 14 Day Limitation! WARNING! If you refused to take a breath, blood or urine test after being arrested for OWI/OWVI or another drinking related charge in Michigan, your license may be at risk of being suspended if you do not take appropriate action to demand an administrative hearing within 14 days after your arrest. Contact our office immediately to protect your license. IMPLIED CONSENT / REFUSAL TO TAKE CHEMICAL TEST A driver arrested for drunk driving or in the language of the statute "one of the enumerated offenses" (see below), who refuses to take the chemical test offered by the police will have his or her license confiscated and destroyed, and will be issued a paper license. This temporary license indicates on it face that the driver has allegedly refused such a test, and also sets forth the driver's appellate rights. This notice also includes the statement that a hearing must be requested within 14 days of the date of the arrest. You can file the request for a hearing yourself or contact our office and we can prepare and file the request and appear at the hearing for you. Once you file the request the Driver License Appeal Division (DLAD) will notify you of a hearing date at which time you and/or your attorney will appear before a hearing officer with the DLAD. The hearing officer will listen to the arresting officer's testimony and to your testimony, then decide whether or not your license will be suspended.A failure to request the hearing will automatically result in a one or two year suspension, depending on your record. Six points will also be added to your driving record. At the hearing you may only contest one or all of the following issues: Did the police officer have reasonable grounds to believe you committed a crime listed in MCLA 257.625c(1)? (includes OWI, OWVI, OWI/OWVI causing death or serious impairment, or minor blood alcohol content (BAC), also known as zero tolerance). Were you placed under arrest for one of these crimes (see above). Did you reasonably refuse to submit to the test offered by the police. Were you advised of your rights. If you are successful at the DLAD hearing, then your license will not be suspended, and no points will be added to your driving record (unless and until you are convicted of the underlying drinking related offense). If you are not successful you will lose your license. Under this scenario, you may file an appeal of the hearing officer's findings with the Circuit Court, and even if the Circuit Court Judge does not reverse the hearing officer's findings, he/she may still order that you be given restricted driving privileges. IF YOU LOSE THE IMPLIED CONSENT HEARING THIS CIRCUIT COURT PETITION/APPEAL IS THE ONLY WAY YOU CAN GET RESTRICTED DRIVING PRIVILEGES. FILING AN "APPEAL" (REQUEST FOR HEARING) A timely appeal or request for hearing must be made within 14 days. According to DLAD rule 257.302 the request for hearing must be in writing and include all of the following information: your full name, home and mailing address, telephone number, date of birth and driver license number and be filed with the division in Lansing (see address below). The written request may be sent by regular mail, but it is your responsibility to make sure it is properly postmarked. The best practice is to send it by registered mail, with a return receipt requested. The hearing request may also be filed by fax or hand delivered. The Lansing address is: Driver License Appeal Division Michigan Department of State P.O. Box 30196 Lansing, MI 48909-7696 Return Home
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driving under influence ofalcohol Driving Under the Influence of Drugs: An Increasing Problem Sign the Resolution Contents | Feedback | Search DRCNet Home | Join DRCNet DRCNet Library | SchafferLibrary | Drugs and Driving Driving Under the Influence of Drugs: An Increasing Problem J. Mrland, K-M. Beylich, A. Bjrneboe, A. S. Christophersen National Institute of Forensic Toxicology, P.O. Box 9934, Ila 0132, Oslo, Norway ABSTRACT The Norwegian road traffic act prohibits driving under the influence of alcohol (A)and/or other psychoactive drugs (PD). In practice police officers refer the suspecteddriver to blood sampling without or with a clinical examination depending on suspicion ofA or PD involvement, respectively. All blood samples are analyzed at one nationalinstitute. In PD cases written expert witness statements are accompanying the result ofthe clinical examination and blood concentration determinations, which together give thebasis for sentences by the courts in a large percentage of the positive cases. A dramatic change has been observed over the last 10 years with respect to A- andPD-cases. A-cases have declined from about 10 500 in 1983 to 5 500 in 1993, while PD-caseshave increased from 800 to 3000 during the same period. In 1993 52% of the A-cases had BACs between 0,05 and 0,15 per cent, and 41% higher than0,15 per cent. 63% of the PD-cases contained PD, most often THC, amphetamine andbenzodiazepines, the latter often in combination with other drugs or in highconcentrations, 26% had BACs between 0,05 and 0,15 per cent, and 17% higher than 0,15 percent. Additional analyses for PD in all A-samples during two months revealed such drugs inapproximately 15% of the cases. Combination of our data gave the total picture in thewhole national sample of drivers apprehended under the suspicion of drunken or druggeddriving: A only (above 0,05 per cent) 51%, PD only 18%, A+PD 14% and 18% contained neitherA nor PD. PD were present in 39% of cases with positive analytical results. This studyappears to be the first conducted on a total national material focusing on PD and revealeda high prevalence of drugged driving. INTRODUCTION The Norwegian road traffic act prohibits driving under the influence of alcohol and/orother psychoactive drugs. Per year approximately 8000 - 9000 drivers are apprehended bythe police on the suspicion of either drunk or drugged driving. In all these cases a bloodsample is taken shortly after the apprehension, and this sample is subsequently analyzedby a single national institute. The analysis for foreign substances is directed by therequest from the police. The samples are routinely stored for more than one year. They cantherefore be screened for other drugs than originally asked for retrospectively, in asystematic manner. This was done in the present study with all samples arriving during twomonths of 1993. The aim of this study was to find the prevalence of alcohol and/or otherdrugs in drivers as a group being suspected for influenced driving regardless of theprimary suspicion of the cause of their influence. MATERIALS AND METHODS Design The material consisted of the routine samples (10-20 ml whole blood in Therumo venojecttubes) sent to the National Institute of Forensic Toxicology (NIFT) from roadside trafficcases in the months February and September 1993. These were ordinary samples taken on therequest by the police on the suspicion of influenced driving. The reason for the suspicionwas seldomly given in the police documents, but was from other studies known to bestrange, reckless, dangerous driving or involvement in accidents in the majority of cases.In total the institute received 1197 blood samples from drivers suspected of driving underthe influence during these two months. In 739 cases the primary suspicion was influence ofalcohol, in 458 cases drugs were suspected as the sole or additional cause of influence.When the analytical work required by the police was finished, all samples were analyzedfor the substances indicated below (analytical). This was performed by noting the resultsobtained for those analyses already being performed for the police, anonymizing thesamples, coding the results and then subjecting the samples to analysis for the rest ofthe foreign substances included in this study. Analytical All blood samples were analyzed for alcohol (ethanol) by gaschromatography (GC) and anenzymatic (ADH) method, and screened for the following drugs: benzodiazepines,barbiturates, amphetamines, cocaine, cannabinoids, opiates, other strong analgesics,tricyclic antidepressants, neuroleptics, antihistamines and central muscle relaxants onappropriate immunologic and gas chromatographic methods used by NIFT for routine work.Positive results were confirmed by GC/MS-, HPLC- or GC methods and the substances werequantified versus calibrator samples made from dilutions of the respective pure compoundsin blood bank blood. The results were corrected for losses during analysis by use ofappropriate internal standards. RESULTS The prevalence of positive alcohol and drug findings in the material ispresented in Table 1. Samples with BACs of 0.05% (the lowest legal limit in Norway) orlower were considered as negative in this Table. Table 1 Distribution of Findings of Alcohol and other Psychoactive Drugs in Samples fromDrivers Suspected of Driving Under the Influence n % female (%) male(%) median age (years) Total 1197 100 8 92 29 Alcohol (>0.05%) Only 658 55 7 93 28 Drugs only 196 16 9 91 29 Alcohol and drugs 166 14 5 95 31 Neither alcohol nor drugs 177 15 12 88 29 It is seen from Table 1 that alcohol was found in 69 per cent of the cases, while thecorresponding percentage for psychoactive drugs was 30. The low percentage of women,specially in the group combining alcohol and drugs is notable. The latter group hadaccordingly the highest male percentage and also the highest median age. In Table 2 the distribution of drug findings is presented by BAC level.It is seen that the highest fraction of drug detections was found in alcohol negativesamples. It was also interesting to observe that a substantial percentage of samples withalcohol also contained drugs. This percentage decreased somewhat from 25 to 18, byincreasing BAC. Table 2 Distribution of Cases with Detection of Psychoactive Drugs BAC (%) n (total) n (with drugs) drug positive (in%) 0 259 167 64 0.0-0.05 114 29 25 0.051-0.10 179 39 22 0.101-0.15 220 50 23 >0,15 425 77 18 The cases with positive drug findings are presented in more detail inTable 3. This Table presents the material divided in five main groups, according towhether benzodiazepines, THC, amphetamine, opiates or other drugs had been found,mentioned in falling order of frequency of detection. The Table should be read e.g. forbenzodiazepines that these drugs were detected in 206 samples. In 19 of these 206 samplesonly one single benzodiazepine was found, in 103 cases alcohol was present besidesbenzodiazepine(s), in 23 cases more than one benzodiazepine was found, in 54 cases THC wasfound in addition to benzodiazepine(s) etc. It is seen from Table 3 that the sum of thedetections of the 5 main groups (n=526) exceeds the sum of drug positive cases (n=362).This was because many cases contained more than one drug. The details of these drug-drugcombinations can be read from the subgroups, "with---". For all five main groupsfinding of the main drug alone, was rather the exception than the rule. Amphetamine caseshad the highest frequency of measuring the main drug only (25%). In all groupscombinations of three different drugs were seen, most frequently in benzodiazepine and THCcases. The majority of cases in which only a single drug was found exhibited substantialdrug concentrations. This indicated supratherapeutic doses of medicinal drugs and recentuse of illegal drugs. Finally other medicinal drugs than benzodiazepines were seldomlyfound. The main contribution to "other drugs" was made by psychoactive centralacting muscle relaxants and paracetamol ( acetaminophene). Only one case with aneuroleptic drug was seen, and no cases with antidepressants and antihistamines. Table 3 Drug Detections in Samples Containing Psychoactive Drugs (N=362) Main drug Benzodiazepines THC Amphetamine Opiates Other drugs Total 206 147 81 58 34 Single main drug only 19 33 20 8 11 With BAC>0.05% 103 61 5 21 17 With (other) benzodiaz. 23 54 38 19 11 With THC 54 - 39 13 1 With amphetamine 38 39 - 5 1 With opiate 19 13 5 - 4 With other drug 11 1 1 4 - DISCUSSION This study shows that the main finding in blood samples from subjects being suspectedfor driving under the influence is alcohol, which was found above the legal limit in 69per cent of the samples. More surprising was the detection of psychoactive drugs in 30 percent of the samples from people suspected for influenced driving. Thus in 35 per cent ofsamples where any detection (alcohol, other drugs) was made some psychoactive drug otherthan alcohol was found. There are few published studies available for comparison. In otherstudies drugs have been found in 7 to 30 per cent of blood samples from fatally injureddrivers as reported from some countries ( for references see Gjerde et al, 1993). Forliving drivers who have not been subject to some kind of selection after apprehensionbefore blood analysis, there are few published data. In a comparable smaller material fromNorway, similar findings, as in the present study, were reported (Christophersen et al,1990). In a Danish study it was found that 5.5 per cent of drivers suspected for drunkendriving only had diazepam/N-desmethyldiazepam in their blood samples (Worm et al, 1985).In another report it was found that every third driver suspected to drive influenced byalcohol had another drug in his urine (Holmgren et al, 1985). Drugs can, however, bedetected in urine for much longer time periods than in blood, long after their influenceof the central nervous system has disappeared. In the present study blood was the onlymatrix analyzed. Our results, therefore, indicate recent use before driving. The frequentdetection of illicit drugs, alone or in combinations, and the finding of supratherapeuticconcentrations of therapeutic drugs in our material was accompanied by almost lack offinding of therapeutic drugs in therapeutic concentrations. Thus drivers on therapeuticdrug regimens seemed to be represented very seldomly in suspicious driving calling theattention from the police. On the other hand these results probably reflect that peoplewho are drug abusers often drive, and then in a way that gives rise to reaction from thepolice. The high concentrations found as well as the frequent detection of combinations inthe present study, indicated that influence of driving ability was likely in the majorityof the cases with detection of psychoactive drugs. Norway is a modern industrialized western European country with a mixture ofurban/suburban and rural population in the ratio 2:3. The size of the country is large(approx. 325 000 km2) compared to the population (4.3 million). The number of vehicles isabout 3 million. The drug problems are considered to be rather below than above theEuropean mean. Our finding that a psychoactive drug other than alcohol is involved inevery third case under suspicion of influenced driving in this country comes from anon-selected, nationwide material. It can therefore probably to some extent be consideredto be representative for other nations also. Differences in the awareness by the police ofthis problem, different legislation and other factors may contribute to variations betweencountries with regard to the real prevalence of the problem as well as to its discovery.Some generalizations appear, however, to be possible to make. The focus on alcohol shouldnot mislead us to forget other drugs that could be present very often in suspectedinfluenced driving cases. Thus a negative or low breath-alcohol test should not be used asthe only measure to free a person from further investigation in suspected driving cases.Accordingly, the look for better tests to discover influenced driving due to other drugsthan alcohol should be intensified. REFERENCES Christophersen, A.S., Gjerde H., Bjrneboe, A., Sakshaug, J. and Mrland, J.Screening for drug use among Norwegian drivers suspected of driving under influence ofalcohol and drugs. Forensic Sci. Int., 45:5-14, 1990. Gjerde, H., Beylich, K-M. and Mrland, J. Incidence of alcohol and drugs in fatallyinjured drivers in Norway. Accid. Anal. and Prev., 25:479-483, 1993. Holmgren, P., Loch, E. and Schuberth, J. Drugs in motorists traveling Swedish roads: Onthe road detection of intoxicated drivers and screening for drugs in these offenders.Forensic Sci. Int., 27:57-65, 1985. Worm, K., Christensen, H. and Steentoft, A. Diazepam in blood of Danish drivers:Occurrence as shown by gas-liquid chromatographic assay following radioreceptor screening.J. of Forensic Sci. Soc., 25:407-413, 1985.
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Drunk Driving LawsColorado DUI LAW › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development Colorado DUI LAW Choose your Colorado county to locate a DUI LAW Lawyer in your area. :: Select a County :: Adams County Alamosa County Arapahoe County Archuleta County Baca County Bent County Boulder County Broomfield County Chaffee County Cheyenne County Clear Creek County Conejos County Costilla County Crowley County Custer County Delta County Denver County Dolores County Douglas County Eagle County Elbert County El Paso County Fremont County Garfield County Gilpin County Grand County Gunnison County Hinsdale County Huerfano County Jackson County Jefferson County Kiowa County Kit Carson County Lake County La Plata County Larimer County Las Animas County Lincoln County Logan County Mesa County Mineral County Moffat County Montezuma County Montrose County Morgan County Otero County Ouray County Park County Phillips County Pitkin County Prowers County Pueblo County Rio Blanco County Rio Grande County Routt County Saguache County San Juan County San Miguel County Sedgwick County Summit County Teller County Washington County Weld County Yuma County Colorado counties - map view Colorado DUI and DWAI arrests trigger two separate cases: the Division of Motor Vehicles (DMV) action , where a person's driving privileges can be suspended, and the court case , where a variety of drunk driving punishment is available. For anyone charged with drunk driving in Colorado, it is vital to note that persons arrested for DUI have only 7 days from the date of arrest to request a hearing with the DMV . If someone arrested for drunk driving does not request the hearing on time, their license will be suspended, automatically. Period. A request to the Colorado Department of Revenue (which includes the Colorado DMV) requires a hearing within 60 days, and the driver's license to remain in good standing at least until the outcome of the hearing. DUI defendants in Colorado can be charged with DUI (driving under the influence of alcohol, drugs, or a combination of the two) , or DWAI. Colorado DWAI, which stands for Driving While Ability Impaired, is a lesser-offense, where the person's blood alcohol level (BAC) is .05 or higher . Colorado drunk driving arrests can relate to driving under the influence, or violation of the "per se" laws. Driving under the influence means driving a vehicle when a person has consumed intoxicants which affects the person to a degree that he or she is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. top Colorado DUI per se charges are slightly different. The DUI per se charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08% or higher. It does not matter what the driving pattern is like, or whether the person arrested performed Field Sobriety Tests with textbook precision. It is a charge that is based purely on body chemistry . Colorado DWAI (driving while ability impaired) is similar to Colorado DUI, except that to be convicted of Colorado DWAI, the prosecution is only required to prove that the defendant was affected to the slightest degree, so that the person is less able than he or she ordinarily would have been to exercise clear judgment. Colorado, like many other states, imposes both criminal penalties and administrative driver's license penalties for a Colorado DUI conviction. That is why it is critical to contact a Colorado drunk driving defense lawyer right away, to protect your rights both in court and with the Colorado DMV (part of the Colorado Department of Revenue) . top DUI arrests of persons from other states will still require a DMV Hearing to protect their driving privileges. Colorado is a member of the Interstate Driver's License Compact , which shares information about DUI convictions and driver's license actions with other member states. There are 45 states that belong to this compact. As to prior convictions for purposes of increasing punishment for a Colorado DUI, prior DUI convictions remain on record for a defendant's lifetime for criminal sentencing purposes, five years for DMV in considering lengths of Suspensions and Revocations for repeat alcohol incidents (although licenses can be revoked or suspended independent of the results in criminal court) , and 7 years for Habitual Traffic Offender designation which requires 3 Major Incidents (driving under the influence of alcohol, reckless driving, driving under restraint, vehicular assault, vehicular homicide, and hit and run involving resulting in death or injury) . The maximum punishment for a DUI in Colorado is one year in jail, a $1000 fine, 96 hours of useful public service, an alcohol evaluation, an alcohol education course, and up to 86 hours of alcohol therapy. A BAC over .20 requires 10 days jail. Second and third offenses carry higher maximums and require jail. Typically, a first-offense DUI will include minimum punishments of unsupervised probation for 1 or 2 years, 48 hours of useful public service, an alcohol evaluation, an alcohol education course, and fines, fees, and court costs amounting to approximately $500. You must also abstain from drinking for 1 year. However, a skilled Colorado DUI defense lawyer can help you avoid or minimize all potential consequences of a drunk driving arrest in Colorado. If you, or someone you care about, has been charged with DUI, drunk driving, DWAI, or any drinking and driving offense in Colorado, let one of the DUI LAWS attorneys give you a free consultation . top :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.
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DUI / DWI, Drinking 
