Like most states in the country, Michigan has a 0.08 threshold for unlawful blood alcohol content (“BAC”) as it relates to adults operating a motor vehicle. However, under legislation introduced in the Michigan State House of Representatives last week (HB 4420/4421), Michigan would join Utah as the only other state in the county with a BAC threshold of 0.05. Due to some high-profile tragic drunk driving accidents lately, this proposal may be gaining steam with lawmakers.
Professional Engineer R.M. spent three days in jail waiting to be Arraigned on a Domestic Violence charge stemming from an argument with her ex-husband four months earlier. She hired Dan. She and Dan worked hand-in-hand for months to present evidence about her ex-husband to show the court that he cannot be trusted. Despite R.M.’s clean record and lifetime of achievements, the prosecutor aggressively fought to convict her. R.M. held up perfectly to cross-examination, presented vidence to show her ex is a liar, and Dan argued that she is 100% innocent. She was found not guilty, and could get on with her life—without her ex in it.
Make no mistake, the choice to drive a motor vehicle after consuming too much alcohol is a CHOICE, and a foolish/dangerous one at that. However, many people monitor their alcohol intake and attempt to make careful choices, only to be shocked when they find themselves over the BAC limit. And, these same people often show no signs of impairment/intoxication; drive in a “normal” fashion; and even pass field sobriety tests administered by a police officer. But, if their BAC is over 0.08, that have an unlawful blood alcohol level and often feel the brunt of a DUI/OWI conviction—including jail time, loss of driving privileges, and severe fines. Lastly, because DUI/OWI is a motor vehicle offense, a conviction cannot be expunged, meaning they have a conviction on their record for the rest of their lifetime.
T.C. is a young woman who was accused of Domestic Violence for allegedly shoving and slapping her boyfriend during an argument. She hired Dan to defend her and clear her name. At trial, the police testified that T.C. admitted to pushing her boyfriend, but they conceded under cross-exam that they did not witness what led up to that response. Dan argued that the prosecutor could not prove an intent to harm her boyfriend, and the judge agreed. She was found not guilty, and all records related to her arrest and charge were destroyed.If the OWI offense was your first and didn’t involve someone else being seriously injured or killed, an application for expungement can be f...
