Articles Posted in DUI/OUI Arrest

On Friday, July 25, a DUI/Drivers License checkpoint was conducted by San Bernardino Police between 6 p.m. and 2 a.m. in the 300 block of W. Baseline Avenue, according to a news article at Highland Community News. Police departments often conduct unannounced checkpoints in order to not only catch those who drive while under the influence or without driver’s licenses, but to increase awareness of the dangers of driving drunk and help enforce the laws regarding DUI.

In this checkpoint, police arrested five individuals for driving under the influence, although eight people were arrested in all, three on criminal charges. Of the five arrested for DUI, one was suspected to be under the influence of alcohol, the other four suspected to be impaired by drugs.

Michigan DUI attorneys realize that when the average person thinks of an arrest for driving under the influence, he or she usually assumes alcohol or liquor was involved. The fact is, there are many people who are arrested each year for driving under the influence of heroin, cocaine, methamphetamine, and other substances that can impair an individual’s ability to safely operate a vehicle. Essentially, “under the influence” can mean any illicit or illegal drug, liquor, or substance that puts the driver’s life in danger, as well as the lives of other motorists or pedestrians around the driver.

In Michigan and across the U.S., drunken driving is a serious matter that is punished severely. In the state of Michigan, a first-time DUI offense can result in criminal penalties that include jail time, fines, community service, and driver’s license suspension, among other things. A second offense will result in increased penalties; a third offense is a felony. If convicted of a third DUI, the individual will face a maximum of five years in prison, fines of up to $5,000, and a revoked driver’s license for a minimum of five years.

Continue reading

It probably comes as no surprise to most people reading this article that Independence Day is the deadliest holiday on the calendar for motorists in the U.S. in recent years. This past weekend, several states participated in “no refusal” DUI checkpoints, a controversial initiation in which drivers have no choice but to have their blood tested for blood alcohol content level. Some of the states that participated included Florida, Oregon, Tennessee, and Texas. News reports claim that the states and counties that participate have a judge on call to issue search warrants so that blood can be taken and tested.

Over the long July 4th weekend (between Thursday and Saturday) in 2014, 389 people were arrested for suspicion of driving under the influence in Arizona, according to a news report at CBS 46. This was an increase of 28 arrests over 2013 in the state. Another report claims that in Houston, Texas (Harris County), 192 people were arrested for suspected DUI – this is in a single county. This county participated in the “no refusal” initiative, perhaps one reason so many people were arrested.

Not surprisingly, many people oppose the no refusal initiative, claiming that it violates Americans’ protection against searches and seizures under the Fourth Amendment. Gregory P. Isaacs, a defense attorney in Tennessee, stated that “This law really opens Pandora’s box on virtually every DUI stop and weakens all of our fundamental freedoms.”

As seasoned Michigan DUI defense lawyers, we know that people celebrate many holidays by enjoying a couple of beers, a few drinks, or a glass or two of wine. While there is nothing at all wrong with that, choosing to get behind the wheel of an automobile may be a choice you regret. Drunken driving is a serious offense in Michigan and across the nation, and could result in serious or even fatal injury to yourself or other innocent people. Just don’t do it.

Continue reading

On Monday evening June 23, a San Bernardino police officer was in the process of making an arrest when he was struck by a vehicle driven by a teen who was believed to be under the influence of alcohol or drugs, according to KTLA 5.

According to the news report, the officer’s back was broken when he was struck by a vehicle at the intersection of Fifth and Mount Vernon Streets. The officer reportedly had his head inside a vehicle of two people he was attempting to arrest for graffiti. When the teen’s vehicle struck the officer, his head collided with the dashboard.

The teen driver reportedly lost control of his vehicle before striking the police officer. The driver, 18-year-old Steven Portillo, was captured on a convenience store video; the clerk said he appeared to be under the influence of either alcohol or drugs.

Portillo attempted to leave the scene of the accident after slamming into the officer, but was apprehended. He was treated at a local hospital for injuries. The police officer, who is in his 30s and has been with the San Bernardino Police Department for approximately six years, suffered a laceration to the head in addition to a broken back. He is expected to survive.

An investigation into the crash is ongoing, however Portillo was arrested for suspicion of DUI.

In the state of Michigan, any individual younger than age 21 may be charged with an OWI Zero Tolerance offense. Those who are 18 years old are not allowed to operate a vehicle with a BAC of 0.02% or greater (the state’s legal limit is 0.08%) in their system. The penalties for this offense include up to 360 hours of community service, and a fine of $250. However, if the individual is arrested for a drunken driving offense within seven years, he or she will face a second-offense DUI charge rather than a first-offense charge, which will result in harsher punishment.

In addition, individuals who cause an accident or are involved in other circumstances while under the influence of drugs or alcohol may be charged with OUIL causing serious bodily injury when someone else is seriously injured as a result. Under these circumstances, an adult may face criminal penalties if found guilty which include fines of up to $5,000 and prison time of up to five years. The offender’s driver’s license will likely be suspended or revoked as well.

Continue reading

On Friday the 13th, 62-year-old Rick J. Fancher of Big Sky, Montana was arrested and charged with a third DUI offense after attempting to bail his wife, who was incarcerated for DUI, out of jail. Authorities say that Fancher showed up at the jail in a drunken state in an effort to have 44-year-old Stacey Jo Fancher released from jail.

Stacey Fancher was pulled over on Thursday evening after meeting a Gallatin County sheriff’s deputy on the road and failing to dim her lights. Her husband was with her at the time. Upon submitting to a preliminary breath test, it was found that Stacey’s BAC was .201, more than twice the legal limit of .08%. She was charged with aggravated DUI.

Three hours later, Rick Fancher left the jail after a failed attempt to bail out his wife. He had provided a breath sample at the jail, which indicated his blood alcohol concentration was 0.178%. The same deputy who had arrested his wife just hours earlier arrested Fancher after pulling him over on West Babcock Street. The deputy recognized Fancher from the previous incident. Fancher told the deputy that before his wife was arrested, he had consumed about three to four shots of bourbon and nine beers.

In Michigan, a third DUI offense is charged as a felony. This means that those convicted will face far more serious punishment than individuals who are charged with a first or second (misdemeanor) DUI. While all drunken driving charges should be taken very seriously, a third offense leaves the defendant facing up to five years in prison, fines of up to $5,000, community service, driver’s license revocation for a minimum of five years and possibly life, and more.

Continue reading

On Tuesday May 27, Florida Broward Circuit Judge Lynn Rosenthal was arrested for DUI after her vehicle collided with a parked sheriff’s patrol car in a parking lot behind the courthouse, according to news reports at CBS Miami. She was arrested shortly after 8 a.m.

Ted McClode who witnessed Rosenthal trying to walk from her vehicle said that she “had a hard time doing it.” A breathalyzer test was administered, however it registered .000 for alcohol. Rosenthal claimed that the reason for her behavior was that she had taken Ambien (a sleep aid) the night before, but she did refuse to give urine or blood to be tested. According to investigators, Rosenthal failed heel to toe step field sobriety tests and could not maintain her balance.

Two deputies witnessed the collision in which Rosenthal’s black SUV struck the parked sheriff’s patrol car near the entrance to a parking garage. One of the deputies claimed that he saw her strike the patrol car along with a closed gate at the parking lot. When asked if she was injured, the judge replied that she was not hurt and was not injured in the “other” crash she had been in earlier in the morning in which she alleged that a truck attempted to run her off the road. Upon producing her cell phone to show a video of the incident, Detective Michael Wiley said that Rosenthal was drifting across lanes on I-595 and eventually went to the breakdown lane before striking a concrete barrier wall. He claims there was no truck or other vehicle operating in a manner that influenced the judge’s path of travel.

Rosenthal was charged with DUI with property damage and DUI first-offense. She is the third Broward judge arrested for driving under the influence over the past six months according to news reports.

Michigan drunken driving attorneys know that anyone can be arrested for DUI. As indicated in this story, judges are human just like the rest of us. Mistakes are made, and although it appears that Judge Rosenthal was impaired after taking Ambien rather than due to alcohol, her ability to operate her vehicle safely was affected. Most people associate DUI charges with alcohol, and while this is usually the case, individuals may be charged with driving under the influence when there are other substances such as illegal or prescription drugs in their systems.

Regardless, the criminal penalties for those convicted of DUI are serious. Depending on factors including whether it is a first or subsequent offense, penalties may include steep fines, jail time, driver’s license suspension, community service, or even successful completion of an alcohol program.

Continue reading

On Tuesday May 20, Snohomish County Superior Court Judge Marybeth Dingledy sentenced 53-year-old Timothy Hansen to three years in jail. She would have sentenced Hansen to prison she said, but cannot send him there due to Washington law. While Hansen has been arrested 16 times for driving under the influence and convicted nine times over the past 27 years, he has not been convicted four times within a 10-year period.

Under Washington law, an individual must be convicted for DUI four times within 10 years to be charged with a felony and receive prison time. According to a news article at KIRO TV, Hansen has pleaded to lesser charges so therefore has three convictions during a 10-year time period. The judge did sentence him to three years in jail, which was more than the prosecutor in the case had requested. Judge Dingledy said at Hansen’s sentencing hearing “Given how many chances you’ve had I can’t give you another one. I’m going to hit you with everything.”

The judge also told Hansen that it amazed her he had not hurt anyone as many times as he has driven while intoxicated. While he refused the breathalyzer in his latest arrest, it was found that Hansen’s BAC (blood alcohol concentration) was more than twice the legal limit when blood was drawn by doctors a few hours later.

In the state of Michigan, individuals who are determined to be operating a vehicle with a BAC of .17% or more (twice the legal limit of .08% in Michigan) will be charged with a super drunk OWI offense. A first high BAC offense leaves the accused facing criminal penalties that include fines of up to $700, up to six months in jail, driver’s license suspension for one year, and more if convicted.

Continue reading

On May 3rd of this year, 54-year-old Raymond Caggianelli of Waterford was involved in a one-car accident in Malta, New York.  Saratoga State Police responded to the accident which occurred at the Round Lake Bypass and Curry Road at just after 10 p.m.

During the investigation of the accident it was suspected that Caggianelli was driving while intoxicated.  Upon administering a breath test at the police station, it was found that Caggianelli’s BAC registered .25%, more than three times the legal limit of .08% in New York.  Caggianelli was ticketed for DWI and aggravated DWI due to his high blood alcohol content.

In the state of New York, aggravated DWI is a misdemeanor offense which an individual may be charged with when operating a vehicle with a BAC of .18 or higher.  Criminal penalties for a conviction include up to one year in jail, fines of up to $2,500, probation for up to 3 years, drivers license revocation for a minimum of one year, and more.  Continue reading