In the State of Michigan, the courts and the Secretary of State can require that you operate your motor vehicle only after an ignition interlock device has been installed. The following cases typically require installation of the ignition interlock:
OWI with a BAC > .17 (Super Drunk): In Michigan, people who are convicted of a drinking and driving offense with a BAC of .17% or greater are charged as “Super Drunk” The license restrictions are as follows: Suspended license for 45 days and 320 days of driving with a restricted license. You will be required to have a breath alcohol ignition interlock device (BAIID) installed during the restricted driving period.
As an experienced Michigan Driver’s license restoration attorney I can state with certainty that medications can cause a positive test for alcohol with an ignition interlock device. One of the most used excuses is the Nyquil defense. Yes, Nyquil can cause a positive test for alcohol. The Nyquil defense rarely works. It does not hold up to scrutiny.
The following is a very basic explanation as to why the Nyquil defense does not work. A person’s BAC (blood alcohol content) reduces about 0.02 an hour once a person has stopped drinking. Nyquil contains 10% (perhaps up to 25% in some reports) alcohol. Even if you drank a whole bottle of Nyquil, your BAC would barely get to 0.02, especially the next morning. However, it could if you drank several bottles of the medication. If you admitted that you did drink several bottles of Nyquil, the hearing officer would believe that you were abusing the substance. After all, if you have an interlock device in your car, it is because you have lost your license due to drinking and driving offenses.
In any event, considering that the body eliminates alcohol at a rate of .02 per hour, you would not test .02 in the morning several hours later, let alone test any higher than .02, that is, unless you drank many bottles. Your body would eliminate the Nyquil by the time you would have to test. As a Michigan driver’s license restoration lawyer, you should trust me when I say that the courts and Secretary of State hearing officers do not accept the defense based upon the body’s elimination rate of alcohol.
I do agree that you could get a high alcohol reading if you just consumed Nyquil and immediately tested with the interlock device. But, why put yourself on the defensive having to prove that you did not drink liquor. Since, Nyquil does contain a high amount of alcohol you should not use Nyquil when you are alcohol testing. It is much better to avoid the problem altogether. There are alternatives on the market that do not contain alcohol.
We at Czarnecki & Taylor handle many Driving While License Suspended (DWLS) cases. It seems a large part of the cases moving through the court system are for DWLS. I believe that the system tends to keep people in a vicious circle of costs. For example, a person gets a ticket, forgets to pay it, does not hire a lawyer to resolve the matter, or does not have the money to pay it. As a result, his or her license gets suspended. Eventually because the person needs to drive, he or she gets stopped and cited for DWLS. It never fails to happen. The cycle then continues. We want to break that cycle and relieve the stress of driving without a valid license. No one wants to drive while looking over his or her shoulder constantly.
If you have been arrested for a first offense DUI in Michigan, dealing with the police, courts and prosecution can be quite stressful. This article is written to help answer some of the questions that you may have. Additionally, we hope to alleviate some of the stress you are feeling by explaining what you might expect to occur in your case.
“Do I need a lawyer for a traffic ticket in Michigan?” In short: yes. While a traffic ticket is not a criminal offense and does not have the risk of jail time the consequences of a traffic violation can have serious and costly repercussions.
This article discusses how we represent people during the driver’s license restoration process in Michigan. We also explain why you should hire a lawyer to assist you. Most importantly, we guarantee that we will win the first time.
As a Michigan driver’s license restoration lawyer, I have handled many cases for nearly 15 years. Since I started practicing law I have focused on criminal defense and driver’s license restoration. The two go together in the sense that many people who have lost their driver’s license did so because of drinking and driving offenses. With many years of experience related to Michigan driver’s license restoration there is not much that I have not seen. The many cases we have handled over the years has given us a great deal of experience and knowledge. It is that knowledge and experience that we apply to your case so we win the first time. We have a 95% win rate at the first hearing. That is why I guarantee our results.
If you are charged with a first offense of possession of marijuana in Michigan, this article explains what you can expect.
In Michigan marijuana is both legal and illegal. The Michigan voters decided that marijuana should be legal for medicinal use. However, the law has not quite changed to make it legal for recreational use. Until then, even possession of the smallest amount of marijuana, without a legal right to do so, can lead to criminal charges. A possession of marijuana conviction can have long-lasting effects on financial aid for college, a driver’s license, employment, elimination nursing programs, etc.
Since a possession of marijuana conviction can have long-lasting effects on your life it is important to have an experienced criminal defense attorney to guide you through the legal process. The attorney may be able to keep the criminal off of your criminal history and driving record.
In order to restore your Michigan driver’s license at an administrative hearing, you must prove to the hearing officer that your alcohol problem is under control and likely to remain under control. This requirement is specifically stated in Administrative Rule 13: