Baird and Zulakis P.C., Attorneys at Law Contact us today
Local: 517-349-5011
Toll Free: 888-604-2271
image description

Protecting Your Rights, Your Freedom and Your Record

Experienced & Respected Criminal Defense Attorneys

Arrested? If your freedom is at stake, don't hesitate to contact an experienced criminal defense attorney. Contact BAIRD AND ZULAKIS P.C. Today.. 888-604-2271

Michigan Drunk Driving Defense Blog

In Michigan's college cities, different DUI arrest trends

On behalf of Baird and Zulakis P.C., Attorneys at Law posted in Underage Drinking on Wednesday, June 19, 2013.

Readers who went to college likely have many happy memories of their student days. Unfortunately, for some a drinking and driving arrest was a less happy part of the college experience. Police in Michigan's two largest college towns, East Lansing and Ann Arbor, aggressively pursue DUI arrests, with potentially serious consequences for those arrested if they are convicted.

Interestingly, recently released arrest figures suggest that you are more likely to be arrested on suspicion of DUI in and around Michigan State's campus than at the University of Michigan. However, the figures were a little closer than usual last year.

Improper breath tests often not allowed in DUI trials

On behalf of Baird and Zulakis P.C., Attorneys at Law posted in Drunk Driving Charges on Thursday, June 13, 2013.

Police officers in Lansing and throughout Michigan are required by law to follow certain procedures when they go about their duties. For example, there are rules for how they administer a breath test on a driver they suspect of drinking and driving. These rules are meant to protect peoples' Constitutional rights as well as increase the chances that the breath test is accurate.

When a blood-alcohol reading is based on a questionable breath test, the court may rule that the reading is not admissible in court. Given that breath tests are often one of the centerpieces of the prosecution's case, getting an improper BAL reading thrown out of court can have a serious impact on your case.

Michigan's 'super drunk driving' law has serious penalties

On behalf of Baird and Zulakis P.C., Attorneys at Law posted in Felony DUI on Wednesday, June 5, 2013.

A conviction for drunk driving in Michigan can carry serious penalties, even for a first offense. The court may suspend your driver's license for six months, require you to perform up to 360 hours of community service and force you to pay thousands of dollars. Perhaps most seriously, you can be locked up in jail for up to 93 days in jail.

On top of all of that, Michigan's criminal code has created an accelerated crime commonly known as "super drunk" driving. If a person is convicted of this enchanced form of DUI, he or she could face even more stringent penalties. For example, the driver's license suspension could go up to a year and you could be required to attend alcoholism treatment for a year. And the maximum jail sentence goes up to 180 days.

Ruling: medical marijuana must impair driver to be a crime

On behalf of Baird and Zulakis P.C., Attorneys at Law posted in Drunk Driving Charges on Friday, May 31, 2013.

A driver who uses medical marijuana in Michigan should not face prosecution for DUI unless he or she is somehow impaired, the state Supreme Court recently ruled. The decision is a victory for the man who challenged his prosecution and could begin to clarify some of the language in the 2008 Michigan Medical Marijuana Act.

As readers probably recall, voters passed the MMMA to allow people suffering from certain serious illnesses to obtain a prescription for marijuana to treat some of their symptoms. The statute as written makes it illegal for patients to drive while "under the influence" of marijuana. At issue in this Supreme Court case was what exactly constitutes "under the influence."

Principal resigns after super drunk driving charge

By George Zulakis of Baird and Zulakis P.C., Attorneys at Law posted in Super Drunk Driving on Wednesday, May 29, 2013.

Last month we wrote about a suburban Detroit-area principal who was arrested for DUI and charged under Michigan's super drunk driving law (also known as high BAC DUI). The Novi principal was suspended after her arrest on April 8, but she resigned earlier this month after a unanimous school board voted to accept her resignation. At this time, she has not been found, nor has she plead, guilty to the charge.

MI Supreme Court gives medical marijuana users some DUI protection

By George Zulakis of Baird and Zulakis P.C., Attorneys at Law posted in DUI on Friday, May 24, 2013.

Earlier this week, the Michigan Supreme Court issued a ruling that provides some protection for medical marijuana patients from prosecution for driving under the influence (DUI). The state's highest court issued a unanimous ruling holding the Michigan Medical Marihuana Act (MMMA) preempts the zero-tolerance standard of the Michigan Vehicle Code (MVC) for driving after using marijuana.

Would 0.05 BAL limit target the wrong drivers?

On behalf of Baird and Zulakis P.C., Attorneys at Law posted in Drunk Driving Charges on Tuesday, May 21, 2013.

A new recommendation to lower the legal blood-alcohol limit in Michigan and the rest of the U.S. from 0.08 to 0.05 has sparked a debate about how to reduce the number of car accidents and fatalities caused by drinking and driving. While some say that even stricter limits on how much we are allowed to drink before getting behind the wheel will reduce accidents, others believe that doing so will have little effect on safety and will needlessly increase the number of DUI arrests.

The recommendation was made by the National Transportation Safety Board, a group that advises the federal and state governments on policy. On May 14, it issued a report calling for legislatures to drop their BAL limits to 0.05 to reduce fatal car accidents.

NTSB recommends lower blood-alcohol level for drunk driving charges

By George Zulakis of Baird and Zulakis P.C., Attorneys at Law posted in Drunk Driving Charges on Wednesday, May 15, 2013.

The National Transportation Safety Board is recommending that states lower the allowable blood-alcohol concentration for drunk driving from .08 to .05. The board said that thousands of people are killed or injured each year by people who are below the legal standard for being drunk, but nonetheless have a reduced ability to operate a vehicle. The board reported that at .05 the risk of having an accident is increased by 39%, and at .08 the risk is increased by more than 100%. The standard in most of the industrialized world is .05. When Australia reduced its BAC level from .08 to .05, provinces reported reduced traffic fatalities ranging from 5-18%.

Former Lions player arrested for DUI, later burglary

On behalf of Baird and Zulakis P.C., Attorneys at Law posted in Drunk Driving Charges on Wednesday, May 8, 2013.

Detroit Lions fans in Lansing probably remember Titus Young, a wide receiver who spent two years with the team before the Lions cut him in February. Young is now facing charges of drunk driving based on a recent midnight traffic stop. He is also accused of trying to sneak into the impound lot to retrieve his car.

Police in another state pulled over Young's car around midnight on May 5. The officers claim that they saw him make an illegal left turn and interfere with oncoming traffic. They arrested him on suspicion of DUI, though it does not appear that authorities have released the results of a breath or blood test to back up their claims that Young was intoxicated.

Judge suppresses breath test results for cop's failure to advise

On behalf of Baird and Zulakis P.C., Attorneys at Law posted in Breath Test Refusal on Thursday, May 2, 2013.

In Michigan, one of the reasons prosecutors in DUI cases like using evidence collected by a breath test device is that the blood-alcohol number the machines produce at the scene cannot be retested. The sample collected by the device is not saved as with blood or urine tests. When the government performs one of the latter two tests, the accused person's attorney can typically have the sample tested by an independent laboratory. In this way, the government's claims about the defendant's BAL at the time of arrest may be found to be inaccurate.

In some states, including California, police are supposed to advise DUI suspects of their right to take a blood or urine test instead of a breath test and let them know that blood and urine samples can be preserved. But this rule is often not followed. In at least one case, that has led the court to suppress the results of a breath test.