We Can Answer Questions About the Effect of Driving High on DUI Cases

The State of Michigan legalized marijuana use for adults over the age of 21 in 2018. Since then, several states such as Illinois and Minnesota have followed suit. Despite wider use of marijuana, Michigan Law doesn’t permit driving under the influence of marijuana. 

As a specialized DUI attorney in Washtenaw County, we have been asked questions about the effect of driving high on DUI cases, such as:

·      What penalties could I face for driving under the influence of marijuana?

·      What tests can an officer perform on a driver suspected of driving high?

·      Which attorney should I call if I’m arrested for OWI/Marijuana?

Learn more about marijuana and the law here.

At the Geherin Law Group, to us, it’s Personal.  Personal attention, personal results, personal justice.  For every client facing a OWI charge in and around Ann Arbor, please consider giving us a call for a free consultation.  We can discuss our track record of criminal defense success in Washtenaw County, and put together a plan of attack to help you.  Please call (734) 263-2780 24/7, or fill out our contact form. 

What Constitutes a “Habitual Offender”?

If a driver has any of the following combination of drunk or drugged driving convictions, Michigan law indicates that he or she is a
“Habitual Offender”:  two or more convictions within 7 years; or three or more convictions within 10 years. The Michigan Secretary of State is required to revoke the driver license of a Habitual Offender and deny his or her application for another license.

After the minimum period of revocation/denial, a Habitual Offender may be eligible for a driver’s license appeal hearing. If a restricted license is ordered, the hearing officer must require that the Habitual Offender install a Breath Alcohol Ignition Interlock Device [BAIID] on any vehicle he or she owns or intends to operate.

Learn about Ignition Interlock violations here.

 

If you’ve received notice of an Ignition Interlock Violation, and need assistance, please call us.  We’re well-versed in the mechanics/administration of BAIID devices, and have successfully defended hundreds of BAIID violations.  Contact Geherin Law Group, PLLC. today 24/7.

What are BAIID Violations?

Violations of the BAIID program for habitual offenders are divided into "minor" and "major" categories.

Minor Violations:

You have 2 months after the BAIID is installed to become familiar with the device, and to learn that certain substances, such as mouth wash, may cause the device to record a test failure. After the first 2 months, it is a minor violation if the BAIID records 3 start-up test failures within a monitoring period. A start-up test failure means the BAIID has prevented the vehicle from starting. A monitoring period is the full length of time the BAIID is required to be properly installed.

If the driver fails to report the BAIID installer for service within 7 days after his or her scheduled monitoring date, it is a minor violation.

Major Violations:

• Rolling retest violations:
• Failing to take the rolling retest when prompted by the BAIID; or
• The random retest detects a BAC of .025 or higher, and there is no subsequent sample with a BAC of less than .025 within 5 minutes.
• An arrest or conviction for drunk and/or drugged driving.
• Tampering with the BAIID.
• Circumventing the BAIID.
• Three minor violations within a monitoring period.
• Removing the BAIID without having another device installed within 7 days, unless the Secretary of State has authorized the removal.
• Operating a vehicle without a properly installed BAIID.

Learn more about Ignition Interlock violations here.

If you’ve received notice of an Ignition Interlock Violation, and need assistance, please call us.  We’re well-versed in the mechanics/administration of BAIID devices, and have successfully defended hundreds of BAIID violations.  Contact Geherin Law Group, PLLC. today 24/7.

Geherin Law Group Can Help You Win Your Circuit Court Legal or Hardship Appeal

The Circuit Court Appeals process isn’t easy, so it can be intimidating to go it alone. It’s basic legal nature to believe that judges are going to be more persuaded by attorneys presenting these appeals. If you find yourself in desperate need of a hardship license, you should strongly consider consulting with a license appeals specialist.  

Attorney Daniel T. Geherin, owner of MiLicenseLawyer.com and author of The Michigan Drunk Driving and Driver’s License Restoration Handbook, has been handling hardship appeals and other license cases for the last two decades.  He’s dedicated his career to helping put drivers back on the road following a license suspension or revocation.  He’s recognized as a license appeals attorney in Ann Arbor and throughout Michigan.    

If you have questions regarding legal or hardship appeals, read more here or contact Dan Gehein, a license appeals attorney in Ann Arbor to get your questions answered. Call 24/7 (734) 263-2780 .

What’s the difference Between a Legal Appeal & a Hardship Appeal

Legal appeals allege that the Secretary of State Hearing Judge or Officer committed a legal error—called an “abuse of discretion”— making a ruling regarding license suspension and revocation.  A driver must prove that the SOS decision was faulty and didn’t adhere to the law, or was arbitrary. The burden is on the driver to prove it so it’s important to have the best license appeals attorney in Michigan on your side.  Most legal appeals require the driver to order transcripts of the hearing or decision being appealed, pay a filing fee, and then go up against the Attorney General or Prosecutor representing the State. These legal appeals are often uphill, unwinnable battles.  

With hardship appeals the driver must convince a Circuit Court Judge that he or she has a hardship without a license and needs that license to get to work, or go to school, or attend medical appointments, or some similar hardship.  If the Judge agrees, he or she can override the suspension and grant restricted privileges for the remainder of the suspension.  

If you have questions regarding legal or hardship appeals, read more here or contact Dan Gehein, a license appeals attorney in Ann Arbor to get your questions answered. Call 24/7 (734) 263-2780 .

What Happens at a License Reexamination Hearing?

Reexamination hearings are usually held at the SOS location closest to the driver’s home address, and are conducted by employees called “Hearing Officers” (which differ from the Administrative Law Judges who conduct license reinstatement hearings, as they’re all licensed attorneys).  They typically involve physical tests, including seeing and hearing examinations, as well as taking a written and road/driving tests with the Officer.  Many times, the Officer will request that the driver bring in medical documentation when relevant to the hearing.  Following the Reexamination, the Officer can do nothing, or can restrict or suspend the driver’s privileges.  

Learn more about license reexamination hearings in Michigan here.

 

If you have questions regarding your driver's license reinstatement in Michigan after a license reexamination hearing, contact Geherin Law Group, PLLC. today 24/7.

Common Situations for Reexamination Hearings

The Michigan Secretary of State has the legal ability to call in a licensed driver to “re-examine” his or her fitness to drive.  This process---called a Reexamination--- a occurs when the SOS receives a notice that a person is unfit to drive and/or a danger on the road.  Common situations leading to reexamination include:

• Medical issues, such as epilepsy/seizure disorders; glaucoma, cataracts and eyesight issues; physical/dexterity issues; and auditory concerns.
• Point accumulation due to civil infractions.
• Accidents occurring in a short period of time.
• Infractions occurring during a driver’s probationary period.  
• Infractions committed by elderly drivers.

Learn more about license reexamination hearings in Michigan here.

 

If you have questions regarding your driver's license reinstatement in Michigan after a license reexamination hearing, contact Geherin Law Group, PLLC. today 24/7.