In The News

In The News

Friday, December 12, 2014

The Blood Alcohol Estimate Can Exceed the Legal Limit by Double - but it Means Nothing if it is Inadmissible - McNeely Motions Win!

By Michael Nichols
Categories: OWI

East Lansing DUI Attorney Mike Nichols negotiated a dismissal of all charges in exchange for a civil infraction that will impact neither the client's driver license or gun license. Nichols says "we filed a motion to exclude the blood alcohol estimate because it was a warrantless search by the police without the benefit of a proper exception to the warrant requirement."

The case involved a Lansing man who was charged with OWI (drunk driving) and possession of a firearm while intoxicated. The man's career aspirations prevented him from being able to accept the "standard" plea offer of pleading guilty to impaired driving - which is still a drunk driving - and the civil infraction version of possession of a firearm with a .02 - .08 bodily alcohol content.

Nichols points out the language of the United States Supreme Court in the case McNeely v Missouri: "In those drunk driving investigations where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so." (Slip Op). Nichols says "The Supreme Court says that there is no special exception to the warrant requirement just because it is a drunk driving case and the blood alcohol content will presumably fall over time - that is critical. An exception to the warrant requirement is consent. We know from caselaw that consent is the prosecutor's burden and it is a tough one to meet."

For the lawyers who are on the cutting edge of constitutional law and use it to protect you, 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.