In The News

Monday, March 25, 2013

"I don't want to have to check that box" - You Are Arrested for DUI in Michigan During March Madness

By Michael Nichols
Categories: Drunk-Driving, OWI

But You May be a Victim of Targeted Enforcement says Drunk Driving Attorney Mike Nichols of Meridian Township. The Question You Have to Answer is Whether You Deserve to Have to Disclose a Criminal Conviction for the Rest of Your Life

A Conviction for Drunk Driving in Michigan is a lifetime stain with a criminal record. "Currently, Michigan's 'expungement statute' does not allow for a person with a drunk driving to ever ask to have that conviction removed," says Michigan drunk driving attorney Mike Nichols of Meridian Township.

Law enforcement in Michigan is in the midst of a crackdown for the 2013 St. Patrick's Day/ March Madness period that covers the second half of March through the first half of April. Nichols, who is an adjunct professor of DUI Law and Practice at Cooley Law School in Lansing and author of the West guide on drunk driving for Michigan lawyers, says that officers are looking for any excuse to stop people and investigate them for drunk driving. "I decided to dedicate a section of my book on the evolution of the vehicle code provision that prohibits 'dangling objects' from the rearview mirror because that seems to be one of the favorite excuses by Michigan State Police troopers to stop citizens," Nichols says.

Anyone who has any question about the serious and long-term impact of a drunk driving arrest can look no further than media coverage of DUI enforcement in Michigan. For example, the Battle Creek Enquirer recently ran a story that focused on the impact on a few people who plead guilty to drunk driving. Nichols added: "the story may not be perfectly accurate but it helps expose the human toll of staining someone with a lifetime conviction for a crime." The story can be found here.


Often, the so-called chemical test evidence has holes in it. For example, the breath test in Michigan will soon be exclusively performed by a "DMT." The DMT is manufactured to display the breath flow and alcohol concentration flow on a curve. However, the state of Michigan ordered that feature disabled by the manufacture. Nichols says "the fact of this decision is really disappointing. I am willing to say on record that I believe the reason is the fact that the instruments are designed on the assumption that the breath alcohol concentration will plateau as it is detected by the instrument - but some experts who have studied human respiratory function say there is no way that the 'plateau' is possible ... thus the curve display would reveal this flawed assumption to jurors." Mike Nichols lives in Meridian Township and practices statewide from headquarters near his home in East Lansing, just 1 mile north of the Michigan State University campus in East Lansing - where drivers are profiled for drunk driving arrests frequently.

For the lawyers who understand the impact of a conviction, the evidence that the state wants you to believe is perfect and who are willing to work and show you why they are 'committed to results' - call the Nichols Law Firm at 517.432.9000.


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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.