Patrick O'Keefe transparent portrait

The Night Before Thanksgiving, and the Police are Stirring

thanksgiving turkey with all the fixins for blog post featured image

The night before Thanksgiving is said to be one of the biggest bar nights of the year. That’s why if you choose to drink this Wednesday, you make a point to have a designated driver, or arrange for a ride home at the end of the night. Taxi services, Uber, and even your family member may be willing to pick you up from the local watering hole rather than have you risk “running the gauntlet” between the bar and home. The alternative–you driving home–should be a daunting one.

This year, there will be thousands of police officers out on the road looking for drunk driver’s on the biggest bar night of the year. You need to understand that in the State of Michigan, there is no “legal limit” for driving under the influence. Although the State sets the unlawful bodily alcohol content (BAC) at 0.08 grams per 100 milliliters of blood, you need to be cognizant that you could be considered “under the influence” by a judge or jury if your ability to operate the vehicle–regardless of your BAC–is significantly lessened. I’m sure we all know of people who are “lightweights,” who may be under a .08 and yet they are falling down drunk.

Further, in a blood draw, police could be searching for other (controlled) substances in your system. Many controlled substances can alter your neuropharmacological state, and therefore, you need to be careful to know that you what you put in your body could render you legally intoxicated. For example, the sleeping pill ambien, a schedule four controlled substance and powerful sedative, does not mix with operating a motor vehicle. You also need to be aware that absent a prescription for a medical marijuana, any amount of a schedule 1 controlled substance in your body is, per se, illegal. In other words, any amount of marijuana, heroin, cocaine, or other schedule 1 controlled substance in your system is per se illegal, the equivalent of having a .08 BAC

Field sobriety tests. If you are pulled over, the officer will likely try to administer field sobriety tests. Examples include the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand. You have a right to refuse these tests without suffering any criminal or civil consequences. The officer may seek to administer a Preliminary Breath Test (PBT). You also have a right to refuse this Preliminary Breath Test. However, if you refuse, you will be assessed a civil infraction ticket with a $150 fine.

On the other hand, if you are arrested, the officer may ask you to take a Breathalyzer test or a blood test at the jail or hospital. This test is mandatory. If you refuse this test, your driver’s license will be suspended for one year. Whatever you do, if you are arrested and taken to the station, do NOT refuse the (DMT Datamaster) breathalyzer test. If you are taken to the hospital, do not refuse a blood test. This is not negotiable, unless you want your license suspended for a whole year.

So this Holiday Season, keep in mind the words of Sgt. Phil Esterhaus, from the popular TV show Hill Street Blues: “Let’s be careful out there.”

Recent Posts

Patrick O’Keefe Quoted in NY Times, Alex Murdaugh Trial Article Alex Murdaugh trial legal experts

Lawyers say Alex Murdaugh taking the witness stand is a risky but calculated move. Feb. 24, 2023 Jesus Jiménez In most cases, legal experts believe it is risky for a criminal defendant to take the witness stand. But lawyers said that as evidence and testimony mounted against Alex Murdaugh, he likely felt that taking the […]

Read More
How to Get a Criminal Case Dismissed: The Facts gavel in court with justice scales federal charges practice area support image

Trials are not inevitable when you’ve been charged with a crime. In fact, more than 97% of state and federal criminal cases will never make it to trial. Many are resolved with plea deals before the case heads to court. About 8% will be dismissed by prosecutors. Undoubtedly, the dismissal of a case is an […]

Read More
Guide to Hiring a Criminal Defense Lawyer Attorney Patrick O

You may be facing criminal charges, or you might be seeking justice for yourself or a loved one. Either way, it’s critical to find the right criminal defense attorney to handle your case. We know this is a difficult decision—that’s why we’ve put together this detailed guide on hiring a criminal defense lawyer.  If getting […]

Read More
Attorney Patrick William O’Keefe Achieves Recertification In Criminal Trial Law National Board of Trial Advocacy Badge

ATTORNEY PATRICK WILLIAM O’KEEFE ACHIEVES RECERTIFICATION IN CRIMINAL TRIAL LAW WITH THE NATIONAL BOARD OF TRIAL ADVOCACY LANSING, MI -The National Board of Trial Advocacy (NBTA) is pleased to announce that Patrick William O’Keefe of the law firm O’Keefe Law, PLLC, has successfully achieved recertification as a criminal trial advocate.  The NBTA was formed out […]

Read More
Six Problems with the Prosecution of Child Sexual Abuse Cases in Michigan Child holding up here hand in the "stop motion" for blog featured image

As a board-certified criminal trial attorney, I have been asked the following question: “How can the government prosecute me for child sexual assault when they have no evidence of my guilt?”

Read More

Email Us

Fill out the form and send it & we will quickly reach back out to you with answers.

© Copyright 2022 | O'Keefe Law | All Rights Reserved
Calling our firm does not immediately establish an attorney/client relationship. O'Keefe Law is a high-demand firm & accepts clients very selectively.
7804 Francis Ct.
Suite 110
Lansing, MI 48917
Google Reviews Link
Powered By:
Epic Web Results text logo
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram