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Sunday, January 8, 2012
By Michael Nichols
Categories: Michael J. Nichols
Coffee lovers beware: the legislature is coming after your right to party. The Michigan Senate is considering Senate Bill 353. This bill would modify the drunk driving statute so that anyone driving under the influence of alcohol, controlled substances or "another intoxicating substance." What is wrong with that you ask?
East Lansing OWI-DUI-OUIL attorney Mike Nichols says the bill defines "another intoxicating substance" in a manner that criminalizes almost anything. Nichols says: "The supporters of the bill may be worried about being able to punish people who use synthetic marijuana, spice, k2 or some other type of designer drugs that have yet to be invented." The problem is that the way "another intoxicating substance" is defined. Nichols says: "it covers almost anything and everything in my kitchen right now from my Biggby french roast coffee to my stale orange juice."
The proposal would amend the already existing drunk driving statute at MCL 257.625. "Another intoxicating substance" is defined under the proposed law as any substance which affects the nervous system, brain or muscles so as to impair to an appreciable degree, the person's ability to operate a vehicle in a manner that a prudent and cautious person, in full possession of his or her faculties using reasonable care, would operate a similar vehicle under like circumstances."
When an officer does not use standardized criteria to detect an impaired driver, it leaves an officer ultimately with subjective criteria to try to determine if someone who they never met before is under the influence of alcohol or other controlled substances. So, imagine if the officer has to guess if someone is under the influence of "another intoxicating substance" by that definition. You know the only thing more dangerous than not having a drunk driving law? Having the Michigan Legislature amend it.
SB 353 is about to be voted on in the Senate. If it is passed, it goes to the Michigan House for consideration. It ought to be dumped. The bill drafters should start over and try it again ... after a few cups of coffee.
Michael J. Nichols is an OWI Expert attorney and author of the Michigan OWI Handbook by West Publishing. He is an adjunct professor of DUI Law and Practice at Thomas M. Cooley Law School in Lansing. He practices in East Lansing at mnichols@nicholslaw.net.