Higher Blood Alcohol Content May Result in More Serious Drunk Driving Charges
Flint, MI (Law Firm Newswire) April 3, 2014 - In the state of Michigan, more serious charges apply to drivers alleged to be driving with unusually high blood alcohol content (BAC), says a prominent Michigan drunk driving attorney,
“Drivers whose blood alcohol content is alleged to be 0.08 or higher may still be charged with drunk driving, but when a driver's blood alcohol content is measured at 0.17 or higher, then so-called “super-drunk” driving charges apply,” explains Shaun R. Marks, a Flint drunk driving attorney.
One Troy police officer was recently charged with operating a vehicle while intoxicated with a BAC greater than 0.17. The police officer was off duty when she was arrested in January at a traffic stop. Police officers saw a pickup truck hit the median curb twice and pulled the vehicle over. According to police reports, officers detected a strong odor of alcohol in the vehicle. The driver refused a Breathalyzer test and was arrested for drunk driving. A warrant for a blood sample was obtained, and the results allegedly indicated a blood alcohol content of 0.27 percent.
The high BAC led to charges of operating a vehicle with a blood alcohol level greater than 0.17, otherwise known as “super-drunk” driving. Her bond was set at $1,000.
The arraignment was delayed while Troy's district judges decided whether or not to recuse themselves (claim to be unqualified for judgment) to avoid any potential conflict of interest that could arise because the defendant is a local police officer. To avoid such a conflict of interest, the case was transferred to a different district court.
Blood sample testing also takes time, but Troy police said that the investigation was completed in an “expeditious” manner to demonstrate that the accused was not treated differently because she is a police officer. In cases in which a driver refuses a Breathalyzer test, police must obtain a warrant for a blood sample and transport the person to a hospital for the sample to be taken. Samples are sent to the Michigan State Police for analysis. Results can take weeks to obtain, but in this case, results were obtained in five days, police said.
The defendant is 34 years old and a 12-year veteran police officer. She has been placed on paid administrative leave while an internal investigation continues.
The Law Offices of Shaun R. Marks, P.C.
653 South Saginaw St #216
Flint, MI 48502
Clarkston MI 48346
Phone: (248) 620-7166
- Detroit City Councilman faces super drunk driving charges
Detroit City Councilman Scott Benson faces charges under Michigan’s super drunk driving laws in relation to his June arrest. According to Southfield police, Benson’s blood alcohol content (BAC) was 0.244 on June 29, when he was found hunched over the steering wheel of a city-issued Ford Crown Victoria on the southbound Southfield Freeway service drive […]
- Michigan State receiver on probation after pleading guilty to drunk driving
Michigan State University (MSU) junior and football team receiver Macgarrett Kings Jr. was arrested and charged with driving under the influence on April 6. The arrest occurred shortly before Kings’ spring suspension. Kings, 20, was charged with driving under the influence (DUI) with a blood-alcohol content (BAC) of 0.17 or higher and with operating while […]
- Michigan Police crack down on drunk driving over Labor Day weekend
Law enforcement officials in 40 Michigan counties planned a drunk driving crackdown over Labor Day weekend. The “Drive Sober or Get Pulled Over” effort ran through September 1 and featured increased patrols aimed at detecting and detaining suspected drunk drivers. According to Michigan State Police, 10 fatalities from 9 collisions occurred over the 2013 Labor […]
- Michigan bus driver arrested on suspicion of drunk driving
A Detroit city bus driver has been arrested on suspicion of drunk driving. According to police, the 53-year-old Detroit Department of Transportation bus driver struck a parked car on East Warren Avenue near Three Mile Drive. The driver kept going after the crash. Two passengers, a man and his son, were on the bus at […]
- Police car sideswiped by alleged drunk driver
Last month, a Howell woman who sideswiped the police car of a Hamburg Township police officer was arrested and charged with drunk driving. Sarah Marae Robson, 27, is charged with operating under the influence of alcohol with a blood alcohol content exceeding 0.17 (a crime also known as “super drunk” driving). Robson also faces charges […]