Whether you know the crime as DUI or OWI, Michigan law considers it a serious offense. On January 3, 2007, "Heidi's Law" became effective. This new law eliminated Michigan's 10 year "look back" period for all drunk driving offenses. Under the prior law, a third offense would be considered a felony only if it occurred within a prior 10-year time period.
Under "Heidi's Law," a driver arrested for drunk driving in Michigan with two prior offenses, regardless of their age or the amount of time between the offenses, will face felony charges. This means that your teenage DUI or OWI can now come back to haunt you many years later.
"Heidi's Law" is the legacy of Heidi Steiner, a Michigan high school senior who was killed in a drunk-driving accident involving Danny Buffman. After his 1991 arrest, Mr. Buffman pled "no contest" to a charge of drunk driving causing death. He was sentenced to 10 years incarceration. Then, in 2005, Mr. Buffman was arrested for drunk driving, and charged with a first offense drunk driving since his prior crime, involving Heidi Steiner, occurred more than 10 years earlier.
This first offense drunk driving offense was punishable as a misdemeanor, with Mr. Buffman facing a maximum incarceration of 93 days. Under "Heidi's Law," he would have been charged with felony drunk driving and have faced punishment of 1-5 years in state prison.
As of August 2005, every state in the union has enacted a DUI or OWI law that makes it unlawful to drive a vehicle with a blood-alcohol concentration ("BAC") of .08 percent or higher. Any driver in Michigan with a BAC of .08 or higher is therefore legally intoxicated and no other evidence needs to be shown to the court other than the BAC reading. For Michigan drivers under age 21, any BAC reading that reveals a level of alcohol of 0.2 or higher deems them to be legally liable as driving drunk. This "Zero Tolerance" law targets drivers under the legal drinking age, intentionally requiring them to keep a BAC level of 0.2.
There are other tests that police use prior to determine someone's BAC. These include:
- Field Sobriety Test (FST): Often these are videotaped by the police, with the videotape offered
as evidence at trial.
- Breathalyzer Test: Used at the scene, these tests of the driver's breath are not always
accurate. Nevertheless, their results are often offered as evidence at trial.
The issue of testing and the admissibility of that test evidence are important legal issues in any drunk driving trial. Other important issues include whether or not the police had a legal right to stop the vehicle, which is known as "reasonable suspicion," and whether the "traffic stop" was constitutional or not.
Having an attorney is very important in all drunk driving cases, but especially now that "Heidi's Law" has become the law in Michigan. When facing a drunk driving charge in Michigan, you risk increased insurance premiums, a suspended or restricted license, probation, immobilization of the vehicle, community service and a car fitted with a interlock device.
Please feel free to
contact the Sakis Law Firm for a free, initial legal consultation if you or a loved one
has been arrested for drunk driving.
For more information:
Mothers Against Drunk Driving - Michigan State Org.
National Commission Against Drunk Driving
We are honored to have clients in Wayne, Oakland, and Macomb counties, and to serve those residing in such municipalities as the City of Detroit, Hamtramck, Highland Park, Gross Pointe, Dearborn, Royal Oak, Ferndale, Bloomfield Hills, West Bloomfield, Farmington, Birmingham, Rochester, Warren, Sterling Heights, Lake Orion, Auburn Hills, Clawson, Berkley, Southfield, Pontiac, Utica, Shelby Township, Rochester Hills and Troy.
