Attorney, Shaun R. Marks
Flint, MI (Law Firm Newswire) April 3, 2014 — In the state of Michigan, more serious charges apply to drivers alleged to be driving with unusually high blood alcohol content (BAC), says a prominent Michigan drunk driving attorney,
“Drivers whose blood alcohol content is alleged to be 0.08 or higher may still be charged with drunk driving, but when a driver’s blood alcohol content is measured at 0.17 or higher, then so-called “super-drunk” driving charges apply,” explains Shaun R. Marks, a Flint drunk driving attorney.
One Troy police officer was recently charged with operating a vehicle while intoxicated with a BAC greater than 0.17. The police officer was off duty when she was arrested in January at a traffic stop. Police officers saw a pickup truck hit the median curb twice and pulled the vehicle over. According to police reports, officers detected a strong odor of alcohol in the vehicle. The driver refused a Breathalyzer test and was arrested for drunk driving. A warrant for a blood sample was obtained, and the results allegedly indicated a blood alcohol content of 0.27 percent.
The high BAC led to charges of operating a vehicle with a blood alcohol level greater than 0.17, otherwise known as “super-drunk” driving. Her bond was set at $1,000.
The arraignment was delayed while Troy’s district judges decided whether or not to recuse themselves (claim to be unqualified for judgment) to avoid any potential conflict of interest that could arise because the defendant is a local police officer. To avoid such a conflict of interest, the case was transferred to a different district court.
Blood sample testing also takes time, but Troy police said that the investigation was completed in an “expeditious” manner to demonstrate that the accused was not treated differently because she is a police officer. In cases in which a driver refuses a Breathalyzer test, police must obtain a warrant for a blood sample and transport the person to a hospital for the sample to be taken. Samples are sent to the Michigan State Police for analysis. Results can take weeks to obtain, but in this case, results were obtained in five days, police said.
The defendant is 34 years old and a 12-year veteran police officer. She has been placed on paid administrative leave while an internal investigation continues.
The Law Offices of Shaun R. Marks, P.C.
653 South Saginaw St #216
Flint, MI 48502
Clarkston MI 48346
Phone: (248) 620-7166
- Charges of DUI or OWI with accident are more serious
Ordinary DUI or OWI charges are serious in themselves. But when alleged drunk driving results in an accident that causes serious injury or death, it is likely that the driver will be charged with a felony. In such cases, legal representation is essential. In cases where alleged drunk driving causes an accident that results in […]
- Boaters can be charged with boating under the influence
Just as drunk driving laws prohibit the operation of a motor vehicle while under the influence of intoxicants, so do boating under the influence laws prohibit operating a water vessel. However, there are important differences between drunk driving laws and drunk boating laws. In Michigan, the legal blood alcohol content (BAC) for operating any kind […]
- Minors charged with alcohol offenses need legal representation
In the state of Michigan, zero tolerance laws apply to any individual under age 21 who drives with any amount of alcohol in his or her system. In addition, minors in possession of alcohol may be charged with a crime even when not behind the wheel. While the legal blood alcohol content (BAC) limit for […]
- Penalties for Michigan OWI First, Second and Third Offense
Penalties for operating a motor vehicle while intoxicated in Michigan increase significantly if a person has a record of prior offenses. Here are the facts: First Offense Someone convicted of a first OWI offense can face up to 93 days in jail, a license suspension for up to six months (eligible for a restricted license […]
- How to Get Your Michigan Driver’s License Reinstated
If you have had your Michigan driving privileges taken away because of an impaired driving offense, you will usually have to attend an administrative hearing held by the Driver Assessment and Appeal Division in order to get your license reinstated,. The hearing process is complicated, and advance preparation is necessary. Hiring an experienced attorney to […]