Tag: DUI

Driving Under the Influence of Alcohol

Driving Under the Influence of Alcohol

Driving under the influence of alcohol, or DUI has claimed more than 10,000 lives across the US, and has led to over 1.5 million arrests, which is quite a staggering figure for any progressive society. According to US government estimates, there is a DUI related incident recorded every 53 minutes.  The Drug Enforcement Agency, or DEA, is out there trying to prevent the sale and use of illegal substances and alcohol, especially among younger demographics.

DUI or Driving Under Influence

It is illegal to be driving or operating a vehicle under the influence of prescribed or recreational drugs and/or alcohol, and this is termed as driving under the influence. An individual can be charged with DUI if he/she is found to have alcohol or drug above a certain threshold level. Often people have to undergo Michigan Drug Assessment Test if they have been booked for DUI.

Some of the signs that confirm drunk driving include:

  • Driving at high speed,
  • Stopping the vehicle at without any reason,
  • Taking wide turns,
  • Driving on the wrong side of the road,
  • Swerving,
  • Switching off the headlights while driving at night.

The permitted limit of BAC or Blood Alcohol Concentration is 0.08. Alcohol affects a person both emotionally as well as physically while changing their behavior. From the liver to the brain, and from the heart to the excretory system, everything gets affected by alcoholism. However, when someone drives under the influence of alcohol, the chances of an accident tends to increase exponentially.

How Alcohol DUI is tested?

A Michigan alcohol screening test is conducted on individuals suspected of DUI, and when it is confirmed the individual is arrested for DUI. Presently there are 3 different types of BAC tests performed.

Breath Test

Very popular among law enforcement agencies, the Michigan alcohol screening test is compact and portable, and provides results immediately. During this test breathalyzers are used wherein the driver is required to blow into an apparatus containing air sacs. This instrument is capable of determining alcohol level in the breath.  

 

Blood Test

Though this is a more time consuming procedure, the blood test to determine the toxicity levels is more accurate. Since this is an intrusive approach, law enforcers need the consent of an individual before extraction. Not giving consent for this test, and later testing above the legal limit, will land an individual a longer jail term and larger fine as Michigan Super Drunk Law is some of the most strict in the entire US.  

Urine Test

This is the least accurate BAC test but can be used when the other tests cannot be performed. Michigan Welfare Drug Testing does not make this a mandatory test as the alcohol level in the urine often gets affected by other external factors.

 

Michigan Substance Abuse Evaluation for Driver’s License Reinstatement

Michigan Substance Abuse Evaluation for Driver’s License Reinstatement

If you get a DUI in Michigan, restoration of your driver’s license is not impossible. In order to have your driver’s license reinstated in Michigan, there are a list of guidelines and tasks you must complete to prove to the courts that your alcohol abuse is under control and you will not be drinking and driving again. After getting a DUI, it is necessary to submit a request for an administrative hearing to the Michigan Secretary of State Driver License Appeal Division (using SOS 257 Form). People are typically allowed only one hearing a year.

Prior to the hearing for getting the driver’s license restored after a DUI, it is mandatory to undergo a substance abuse evaluation and it must meet certain specifications per the Michigan Secretary of State. The substance abuse evaluation will include the disclosure of all current and past use of drugs and alcohol. The drug screen analysis brought to the evaluation will be reviewed and discussed.

Schedule your evaluation appointment and print out the Michigan form SOS 258 (Michigan Substance Use Evaluation) to take with you. The SOS 257 Form and SOS 258 Evaluation will need to be submitted simultaneously for your hearing with the Michigan Secretary of State Driver License Appeal Division. When you arrive to your evaluation appointment, it is imperative you have:

  • Master Driving Record (call the Secretary of State Plus Office or order from Lansing, Michigan after having your license suspended).
  • 12-Panel Urinalysis Drug Screen
  • Four Notarized Letters of Support less than 6 months old: Letters have to be specific per the Secretary of State guidelines. Additionally, they have to be notarized by a public notary and cannot be older than six months at the time of your evaluation.

When you present your case at the hearing for your driver’s license reinstatement, you must include the following evaluation forms to the Michigan Secretary of State Driver License Appeal Division:

  • All evaluator results from exams and testing
  • Treatment history, including relapses
  • Substance abuse criminal record – charges/convictions
  • Support group attendance records
  • Evaluator’s diagnosis and positive prognosis
  • Person’s current living / work situation, address, environment, and lifestyle changes that have taken effect since the suspension
  • Any relevant information pertaining to the person’s present circumstances
  • Support description detailing what plan the person has for maintaining sobriety

If the substance abuse evaluation is not favorable, a lawyer can help guide you through the procedure of getting a second opinion in Michigan. While the substance abuse evaluation SOS 258 is a requirement from the Michigan Secretary of State Driver License Appeal Division when submitting your hearing request SOS 257 Form, it is not the only requirement for driver’s license restoration.

It is critical to change your lifestyle and obtain strong letters of reference from neighbors, friends, and co-workers that can attest to your change, as well as your character. Ensuring you have everything necessary along with your witnesses will best prepare you for the testimony with the Michigan Driver License Assessment and Appeal Division hearing.

If you or someone you know has lost their driver’s license after a DUI conviction in Michigan, we can help at MDADs with the Michigan Secretary of State Requirements and evaluation. Contact our professional, friendly staff today to learn more.