Higher Blood Alcohol Content May Result in More Serious Drunk Driving Charges | Law Firm Newswire

Higher Blood Alcohol Content May Result in More Serious Drunk Driving Charges

Attorney, Shaun R. Marks

Attorney, Shaun R. Marks

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
Phone:(810) 234-0700

Clarkston Office:
5840 Lorac
Clarkston MI 48346
Phone: (248) 620-7166
http://www.michigandrunkdriving.com

Twitter

Facebook

Google+

  • Reasons Why You Might Have Your DL Suspended in MI
    There are several reasons why the State of Michigan might suspend a driver’s license. If your license has been suspended, you are likely wondering what you need to do to restore it and get back on the road. Experienced criminal defense lawyer Shaun Marks has helped countless clients restore licenses that were suspended due to<a href="https://michigandrunkdriving.com/2022/12/01/reasons-why-you-might-have-your-dl-suspended-in-mi/" rel="nofollow" class="post-more-link button">continue reading...</a>
  • Michigan Out of State Drivers License Restoration
    If your Michigan driver’s license has been suspended or revoked, you may be struggling with serious life disruptions as a result. Fortunately, driver’s license restoration lawyer Shaun Marks has 28 years of experience and can help you restore your driving privileges.  If you moved to a different state while your license was invalid, you have<a href="https://michigandrunkdriving.com/2022/11/15/out-of-state-mi-drivers-license-restoration/" rel="nofollow" class="post-more-link button">continue reading...</a>
  • What are the Differences Between a First, Second, and Third OWI in MI?
    In Michigan, a conviction for operating while intoxicated (OWI) can result in a wide range of penalties, which vary based on a few different factors. Those with prior OWI convictions will have higher potential penalties. If you have been arrested on OWI charges, Michigan OWI attorney Shaun R. Marks is prepared to help you understand the penalties<a href="https://michigandrunkdriving.com/2022/08/10/difference-between-first-second-third-dui-michigan/" rel="nofollow" class="post-more-link button">continue reading...</a>
  • What Happens if I Refuse a Breathalyzer?
    Individuals who are accused of driving under the influence in Michigan may be asked to take one of two types of breathalyzer tests. While no one can force you to agree to a breathalyzer, refusing to take the test can have consequences. These consequences vary depending on whether you refused a roadside test or a<a href="https://michigandrunkdriving.com/2022/08/10/what-happens-if-i-refuse-a-breathalyzer/" rel="nofollow" class="post-more-link button">continue reading...</a>

Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required