Articles Posted in DUI/OUI Arrest

A Newberg, Oregon woman was recently arrested and charged with DUII (Driving Under the Influence of Intoxicants), equivalent to DUI in most other states. 32-year-old Tabatha Browning was arrested on Friday, September 19, for drunken driving while having four children in the vehicle with her, according to Oregonlive.com.

Forest Grove police say that Browning was “extremely drunk,” and that her speech was so slurred it was hard to understand her. Forest Grove police spokesman Mike Herb said that the department had received a report regarding a black Jeep Commander that was driving in a reckless manner near an intersection. It was also reported by witnesses that the Jeep had parked in the bushes as it pulled up on a curb. After her arrest, Browning’s BAC (blood alcohol content) registered .19%, more than twice the legal limit of .08%.

The four children in the vehicle with Browning ranged in age from two to 11. In addition to DUII, Browning was charged with four counts of reckless endangering.

According to news reports at Fox Sports, UFC fighter Nick Diaz was recently arrested for drunk driving, his second DUI arrest in the last 10 months.

Diaz was reportedly pulled over on a routine traffic stop near Stockton, CA, Diaz’s hometown on September 6 just before 2:30 in the morning. He was also found to be driving on a suspended license at the time of the stop. Diaz was also arrested for destruction of evidence and obstructing a police officer.

News reports claim that after being taken to the police station, police gave Diaz the option of taking a breath or blood test. He agreed to a breath test, but asked to go to the restroom before giving a breath sample. Diaz tried to induce vomiting, thinking that it would get rid of the alcohol in his system; he repeatedly attempted, although officers told him to stop. These attempts would have no impact on the results of the breath test, which measures the level of alcohol in air expelled from the lungs.

Diaz was arrested in November of last year for driving under the influence and unsafe speed for prevailing conditions. Since that time, he has missed several court dates and changed defense attorneys three times. News reports state that it is unclear how all of this will affect the most recent charges against Diaz, who is scheduled to fight Anderson Silva in Las Vegas on January 31 of next year.

In the state of Michigan, a second DUI conviction within seven years of the first will result in up to one year in jail, one year driver’s license revocation (absolutely no driving), vehicle immobilization or forfeiture, up to 90 days community service, fines of up to $1,000, six points on driving record, and more. The only way for an individual to be granted restricted driving privileges is through participation in sobriety court program sanctioned by the state.

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Today, distracted driving has become more of a problem than ever before. Cell phones are a large part of this distraction, as motorists text while driving, talk on the phone, or do other things with their phones – even though it is against the law in many states. How does cell phone use compare with drunk driving when it comes to accidents and the danger involved?

A detailed study was conducted in 2003 by researchers at the University of Utah regarding the effects of cell phone use while driving. This paper, entitled “Fatal Distraction? A Comparison of the Cell-Phone Driver and the Drunk Driver” indicated that ultimately, those who use cell phones while driving were involved in more accidents than drunk drivers. The study found that motorists who used cell phones while operating a vehicle were less responsive and more impaired than motorists who were driving with alcohol levels of 0.08% or above.

The research consisted of, among other things, the use of a simulator which allowed the researchers to measure how the subjects of the study reacted when a vehicle in front of them applied the brakes. The results indicated that the participants with blood alcohol levels at or above .08% were involved in no more accidents than normal, however those talking on cell phones exhibited an 8% slower reaction time than the normal baseline, and were involved in more rear-end collisions. The study also found that drivers talking on cell phones required 15% longer to return to normal speed, while those with alcohol in their systems did not vary from normal baselines for returning to normal speed significantly.

For Michigan DUI attorneys, this information is quite interesting, considering the difference in penalties between the two offenses. In most areas in Michigan, a motorist can be fined $100 for a first offense of texting while driving. The penalties for a first DUI conviction include fines of up to $500, up to 93 days in jail, driver’s license suspension, possible community service, and more.

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On Sunday morning September 14, one person was killed in a deadly wrong-way crash on I-96, according to Wood TV. The accident occurred at about 3 in the morning when a woman driving a minivan was going east in the westbound lanes of the interstate. Although the woman’s name was not released, police say she is from Grand Rapids and in her 40s. The only person in the vehicle she struck was killed.

Michigan State Police claim that the woman was drunk; she was also injured in the crash and pulled from her vehicle by another motorist who stopped at the scene of the crash, according to Sgt. Brian Keely. After the impact, both vehicles caught on fire. Her condition was not known as of last news reports.

According to Fox 17, this was the seventh wrong-way crash on west Michigan highways this year. Michigan State Police find this “trend” both disturbing and troubling, and don’t really know why there have been so many wrong-way accidents. In this case, it is likely the fact that the unnamed woman was intoxicated that resulted in her driving in the wrong direction on the interstate.

News reports do not indicate what charges the woman may face if she lives, however Michigan DUI attorneys know that driving under the influence causing death is extremely serious. If charged with OUIL (operating under the influence of liquor) causing death, the woman may face criminal penalties that include up to 15 years in prison.

Even when no accident occurs, DUI is a serious charge. Even first-time offenders may face jail time, steep fines, driver’s license suspension, community service, and more. A subsequent offense will result in even harsher penalties. A third DUI is a felony offense, and will result in increased jail time, license revocation, vehicle immobilization, and other penalties.

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On the evening of September 7, an Ohio judge was arrested for operating a motor vehicle while under the influence of alcohol or drugs, and leaving the scene of an accident. 60-year-old Dean L. Wilson, a Perry County judge in Columbus, was driving a loaner car (a 2014 Mercedes-Benz) when he struck a COTA bus while changing lanes at approximately 9:30 on Sunday evening. He then sped away, according to a news report at the Columbus Dispatch.

Police claim that Wilson was driving under the influence, although he is widely known for holding DUI trials at the New Lexington High School every year to warn teens of the dangers of driving while under the influence of alcohol. A passenger on the COTA bus said that Wilson did not sideswipe the bus, but crashed directly into it before backing up and fleeing the scene.

After the accident was reported, Wilson was apprehended by a Columbus Police helicopter that went in search for the black Mercedes. He was found about 12 miles away. Wilson refused to submit to field sobriety tests and a breathalyzer test. His driver’s license was suspended at the scene.

Michigan DUI attorneys know even individuals who are upstanding citizens and looked up to by the community make mistakes. Anyone who drinks alcohol even only on occasion has likely gotten behind the wheel of a vehicle at one point in their life. We do not condone driving while under the influence of alcohol, however we do provide legal support and guidance for those who find themselves in an unfortunate situation.

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Late last month, Robert Joseph Albertini was stopped by a Cobb County officer who spotted the Atlanta Police supervisor weaving back and forth over a double yellow line. The supervisor, Robert Joseph Albertini, refused to submit to a field sobriety test and was arrested on suspicion of drunk driving. He was taken to the Cobb County Jail.

According to a Fox Atlanta news article, the incident took place on a road in Kennesaw. Chief George Turner placed Albertini on suspension and said that before making a decision on the offer’s future, an administrative hearing will be conducted.

In the state of Michigan, field sobriety tests are voluntary, which means that the individual who is suspected of driving while under the influence has the option of taking the test, or refusing it. Most Michigan DUI lawyers would recommend that motorists refuse this test, which is highly subjective. The tests administered in a field sobriety test in Michigan include the one-leg stand, the walk and turn, and the penlight (horizontal nystagmus) test. Unfortunately, how well you perform on these tests is left up to the police officer, who may decide that you did not meet up to his or her expectations. This could result in a drunk driving charge.

It is difficult for many sober people to stand on one leg, let alone someone who may be on prescription medication or suffer from a medical condition that affects their stability. Ultimately, field sobriety tests rely not on scientific evidence, but the subjective opinion of the officer administering the test.

This story proves that anyone can be arrested for DUI, even police officers. The Atlanta police officer was weaving back and forth across double yellow lines, but does that mean he was intoxicated? While he may have been, it could also be a case of fatigue, or distraction if he was perhaps texting, talking on a cell phone, or doing one of the dozens of things people do while they are driving that they should not be doing.

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Holiday weekends are when law enforcement pull out all the stops, so to speak, in their efforts to crack down on drunk or impaired driving. This past holiday weekend was no different, with a few cities and states participating over the Labor Day weekend in “no refusal” checkpoints. These checkpoints were set up in Houston, TX, and throughout Tennessee according to news reports.

Houston’s KHOU.com indicated that the no refusal program began at 10 p.m. on Friday, and ran until Labor Day morning. A family who lost four of their loved ones to a drunk driver earlier this summer joined in the drunk driving campaign. The Patels were returning from West Houston where they had been to their Hindu temple when their vehicle was broadsided by a driver who was allegedly drunk. Depali Patel, who was in the crash, lost four loved ones including both her parents. She said that life would never be the same.

The no refusal checkpoints have judges, prosecutors, and health care workers all in one location so that blood can be drawn from DUI suspects while police get back to the work of checking for those who may be driving while under the influence of drugs or alcohol. According to news articles, the Labor Day 2013 weekend brought about double the DUI arrests of a typical weekend. 205 people were arrested in Houston last Labor Day on suspicion of driving while under the influence.

Michigan DUI attorneys know the serious consequences individuals face when arrested for driving under the influence. On its own, a DUI conviction can bring about criminal penalties that include jail time, suspended driver’s license, steep fines, community service, and more. However, when someone is accused of DUI causing great bodily harm or death, it becomes far more serious.

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In a campaign to crack down on drunk driving that began on August 15, police agencies around Riverside County in California arrested 187 people for suspicion of DUI over a six-day time span, according to a news article at the Patch. This campaign, named the Riverside County Avoid the 30 due to the fact that 30 police agencies were involved, is a late-summer kick off of the campaign which will continue through the Labor Day weekend.

The news article states that beginning on Friday the 15th through Wednesday evening, sobriety checkpoints and saturation patrols were set up at a number of locations throughout the county. While the number of arrests seems high, Riverside police Sgt. Robert Tipre, coordinator of the Avoid campaign, said that the number was slightly down from the 234 individuals arrested during the same time period in 2013. Thankfully, out of the 187 arrested last week, there were no fatal car accidents related to alcohol.

September 1st is Labor Day, and between now and then there will be sobriety checkpoints throughout the country as various law enforcement agencies participate in the Driver Sober or Get Pulled Over national DUI campaign. The Avoid campaign in California is part of this campaign in which law enforcement agencies hope to increase awareness about the dangers of drunk driving, and catch those who are breaking the law.

Driving while under the influence of alcohol is a problem across the nation, including here in Michigan. Most people who get behind the wheel believe they are perfectly capable of driving in a safe manner. Most people do make it safely to their destination, however when an accident occurs that results in injury or even death, it is tragic.

Even when you are not involved in an accident, having the police pull you over on suspicion of driving under the influence is not pleasant – and if arrested and charged, you could face jail time, steep fines, suspension of your driver’s license, community service, and a permanent criminal record.

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On Monday, August 18, a 32-year-old woman whose name has not yet been released was arrested for allegedly driving while intoxicated with her four children in the car with her, according to news reports at Fox 17 and Mlive.com. This is the woman’s second drunk driving offense; she was convicted of DUI in 2002.

According to Muskegon County Chief Assistant Prosecutor Timothy Maat, the woman’s name could not be released until a warrant is signed and she is arraigned on the charges. Maat also said that the incident occurred just before 2 a.m. on Monday when the woman was pulled over on suspicion of drunken driving in the area of Getty Street and Ada Avenue. The woman’s blood alcohol level was not revealed in news reports.

The woman was charged with one count of drunk driving with an occupant under 16 years of age (child endangerment), and was lodged in the Muskegon County Jail as of last reports. In addition, the children were put in the care of their grandmother while Child Protective Services investigates the matter.

In the state of Michigan, anyone who operates a motor vehicle in an impaired or intoxicated state while having a passenger or passengers in the car younger than 16 may face child endangerment charges. Not only may the defendant be labeled for a lifetime when found guilty of child endangerment, the criminal penalties even for a first offense are severe. If convicted, the woman in this case could face up to one year in jail, fines of up to $1,000 plus court costs, possible vehicle immobilization, a driver’s license suspension for 90 days followed by 90 days of restricted driving.

Michigan DUI attorneys know the seriousness of being charged with driving under the influence of alcohol or drugs, regardless of whether minor children are passengers in the vehicle. While an adult should never drive while under the influence to begin with, he/she should certainly not put the lives of children in danger. However, people do make mistakes every day, and may have a lapse in judgment. Thankfully, the children are safe and no one was injured in this situation.

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Most people who choose to drive in an intoxicated state (even though they probably don’t think they are intoxicated) believe they are perfectly alert and capable. Even a couple of alcoholic drinks can impair your ability to think clearly and react swiftly. Most individuals believe they are “fine” to drive, that they will not get caught, everything will be okay. While that may be true in most cases, here is one recent example of what can happen when you choose to drive while drunk.

On Saturday, August 16, a Hampton Bays man was arrested in the early morning hours after police pulled him over for a traffic infraction – one of his headlights was not operating. This led to the man, 23-year-old Jack Formica, being arrested and charged with drunk driving. He was taken to the Southampton police headquarters where he would be held until his arraignment.

Did Formica know the headlight was out? Maybe not. Still, regardless of the condition of your vehicle or whether it is in good working order, you should never get behind the wheel whether you believe you are intoxicated or not. What would happen if you became involved in an accident that was not your fault, for example if you were rear-ended at a stoplight? Police would detect the odor of alcohol or notice red eyes, slurring, or other indicators of intoxication, and you would likely be charged with DUI.

If this had happened in Michigan, the offender would be facing serious consequences if found guilty of driving while under the influence, even if it was his first offense. Jail time, steep fines, and driver’s license suspension are a few of the penalties individuals face when convicted of DUI in Michigan. With each subsequent offense, the criminal penalties become harsher; in fact, a third offense is a felony, and will result in driver’s license revocation.

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