This is huge. Every Judge, in every court, follows this recommendation, if not to the very letter, DAMN close to it.
The very best thing a lawyer can do for the client is to make sure he or she gets a more favorable recommendation, because no Judge is going to be persuaded to deviate from it in any substantial way. Here is the quick version of why this is so important: that alcohol screening test is numerically scored, and those results are compared to a scoring key that concludes a person either does, or does not have an alcohol problem.blacksmithsurgical.com/t3-assets/expression/invaders-1975-1979-35.php
Drunk driving in the United States - Wikipedia
In other words, the mere fact that a person is taking this test after a DUI arrest automatically adds points to his or her score. DUI drivers, as a group, have a statistically higher incidence of drinking problems than the population at large.
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For my part, I use my formal, post-graduate training in addiction studies to specially prepare my clients to take the alcohol assessment test and go through the PSI process. In my office, we make sure that happens.
Michigan’s drunk driving laws second worst in the nation
Last, but certainly not least, come license penalties. The SOS imposes very specific penalties required by law, and there is absolutely no way to modify them.
In the real world, this is the most common outcome within my caseload. By contrast, anyone getting a 2nd conviction for OWI within 7 years or a 3rd conviction within 10 years will have his or her license revoked. That means taken away for good.
As bad as that sound, there is still some hope in this situation, however…. This is another deep subject in its own right, and as with just about everything related to drinking and driving cases, something I explore thoroughly within the plus DUI articles on this blog. The relevant point here is that the SOS imposes a specific and legally required license penalty in all DUI cases; in 1st offense cases, those penalties are absolute and no court can do anything about them.
Drunk Driving Laws: The Change that is Coming?
This is the other half of my practice, and anyone interested in that subject can explore the some articles I have written and published on that subject. When the case goes to court, the most important determinant of what happens to them is the PSI.
After that, license sanctions will be imposed by the SOS. Michigan State Rep.
Abdullah Hammoud, D-Dearborn, speaks about his two new bills to lower the acceptable blood alcohol content to. Michigan would be one of two states in the country with a drunk driving threshold of less than. House Bills and , introduced by state Rep. While many other countries have acceptable blood alcohol levels of.
Hammoud said he was inspired to introduce the legislation in part by the deaths of the Abbas family of Northville, who were killed on their way home from a vacation after a drunk driver drove in the opposite direction of traffic on I in Lexington, Kentucky. The drunk driver, year-old Joey Bailey of Kentucky, had a.
A witness described narrowly avoiding a crash with a pickup that went on to strike the Michigan's family's vehicle.
Supporters estimate lowering the threshold for driving under the influence nationwide could result in an 11 percent decline in fatal alcohol crashes in the United States. To become law, the bills would have to pass the state House, state Senate and be signed into law by Gov. Gretchen Whitmer.