Second DUI... was not read rights
My boyfriend got his second DUI a few weeks ago. He also has 3 prior MIPs. He was not read the miranda rights nor his rights to refuse a breathalizer. He passed his sobriety tests and then received a breathalizer and blew a .13. He was also driving on a suspended license. When we went to court on August 7, 2002, he plead not guilty. The judge smelled alcohol on his breath and asked him if he had been drinking that morning or the night before. He had been the night before, but he told him no. The judge ordered him to take a breathalizer and he blew a .026. The judge immediately sent him to jail with a $1000 bond. But he is 21 years old. We bailed him out later that day. My question is what will his punishment most likely be? It was in Grand Haven, MI in Ottawa County.
3 Answers from Attorneys
Re: Second DUI... was not read rights
With his prior alcohol related offenses, he may be looking at some jail time. You need to have him speak with me. I can get him involved in some programs that will help him prove to the court that he is serious about his illness. Please contact me @ (800) LAW-6685 or www.michdui.com
Re: Second DUI... was not read rights
Your boyfriend is in big trouble. If he received one of his MIP's after October 1999, it counts the same as a prior OUIL and he may be looking at 1-5 years for having three drunk driving convictions in a 10 year period.
The police are only required to read him his rights if they question him about a crime after he is in custody. It seldom applies to drunk driving arrests.
He needs a lawyer now before he does anything else. Showing up for court with alcohol on his breath is proof that he is either incredibly stupid or severely addicted. He may be both.
If you want to keep him as a boyfriend, someone needs to get him help for his alcohol problem. However treatment only works if he wants it to work. He has to want to quit drinking.
If you were my daughter, I'd advise you to get a new boyfriend, or do without one until he sobers up.
Re: Second DUI... was not read rights
Hello, I have received a copy of your e-mail regarding your boyfriend's OUIL. I do not practice on the West side of the state. However, I have relayed your inquiry to a good friend of mine, an attorney from that area. Please give him a call. His name is Eric Boeschenstein. His number is (231) 722-0215. Tell him that I am the person who told you or your boyfriend to call. John C. Talpos (http://www.Mich-Lawyer.com)
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