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Michigan man facing drunk driving charge after crash into house

A 21-year-old motorist who allegedly drove a vehicle through a home has waived his right to a preliminary hearing in court. The man is facing OWI charges including a count that could lead to a 15-year sentence. Those charges have been heightened by the fact that a sleeping resident inside the home died after allegedly being struck by the SUV driven by the defendant. The defendant is formally charged with operating while intoxicated causing serious injury, operating while intoxicated causing death and second-offense operating while intoxicated.

Official reports show that the defendant was behind the wheel of his mother's Chevrolet SUV when he apparently disregarded a stop sign and ran into a home on Ruth Street. That March 9 accident killed a 41-year-old man and left his 42-year-old wife with serious injuries. The defendant's vehicle reportedly occupied most of the space within the couple's bedroom when officers arrived on the scene.

Deputies were able to extract the man from the vehicle after attempting to subdue him with a Taser. The man was reportedly combative during his transport to the hospital to obtain a blood sample. Officers were able to obtain a search warrant for the man's blood. Defendants are protected by legal precedents that require fair treatment for obtaining such blood samples. An attorney may help determine whether those requirements were followed. A Breathalyzer test showed that the defendant's blood alcohol content level was 0.138 percent shortly after the crash. The results of the blood test have not yet been released.

The defendant in this case apparently submitted to a Breathalyzer test, but it is wise to confirm those results with a blood test in some cases. Michigan attorneys may be able to advise defendants about their legal rights during such traffic stops, explaining the implication of breath test refusal and other legal strategies. An arrest for an OWI charge does not mean that the defendant is automatically considered guilty.

Source: MLive.com, "Auburn man charged with crashing through house, killing sleeping man bound over to Bay County Circuit Court" Cole Waterman, Apr. 11, 2014

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