In The News

Monday, April 23, 2012


By Michael Nichols
Categories: Drunk-Driving

 Some of the most powerful evidence in a drunk driving case can be a breath or blood result. “People arrested for drunk driving face the prospect of losing your license for 1 year and having 6 additional points assessed or agreeing to submit to a breath test,” says OWI attorney Mike Nichols of East Lansing. Nichols, a member of the American Academy of Forensic Science and a founder of the Michigan Association of OWI Attorneys, adds: “Many times juries give more weight to a breath test than it deserves. I’ve seen them convict when the breath test score was a .08 because the judge interfered with the ability of the accused to impeach the breath test device on its precision and accuracy.”

Officers are required to read to arrested citizens the “implied consent rights” advising the person of his or her right to refuse a breath test under penalty of a license suspension and 6 points. Nichols says: “most importantly, the officer is required to tell you that your breath, blood or urine will not be taken without a court order but he may seek to obtain such an order.” Nichols is author of the Michigan drunk driving (OWI) Handbook for West Publishing. It is the book that lawyers must read for all things DUI in Michigan.

Nichols, who focuses his practice on drunk and drugged driving, recently won a motion to exclude a .12 blood alcohol result because the officer coerced the consent from the accused citizen by telling her firmly: “I will get an order and still get my test … and your license will be suspended for a year and 6 points will be assessed on your license.” The ruling was based on long-standing United States Supreme Court precedent and Michigan’s statute on implied consent. Nichols said “I cannot comment on evidence in a pending case, but the judge got the law right.”
For a lawyer who will turn over every stone and remain committed to results, contact Mike Nichols at mnichols@nicholslaw.net

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.