Diaz was reportedly pulled over on a routine traffic stop near Stockton, CA, Diaz’s hometown on September 6 just before 2:30 in the morning. He was also found to be driving on a suspended license at the time of the stop. Diaz was also arrested for destruction of evidence and obstructing a police officer.
News reports claim that after being taken to the police station, police gave Diaz the option of taking a breath or blood test. He agreed to a breath test, but asked to go to the restroom before giving a breath sample. Diaz tried to induce vomiting, thinking that it would get rid of the alcohol in his system; he repeatedly attempted, although officers told him to stop. These attempts would have no impact on the results of the breath test, which measures the level of alcohol in air expelled from the lungs.
Diaz was arrested in November of last year for driving under the influence and unsafe speed for prevailing conditions. Since that time, he has missed several court dates and changed defense attorneys three times. News reports state that it is unclear how all of this will affect the most recent charges against Diaz, who is scheduled to fight Anderson Silva in Las Vegas on January 31 of next year.
In the state of Michigan, a second DUI conviction within seven years of the first will result in up to one year in jail, one year driver’s license revocation (absolutely no driving), vehicle immobilization or forfeiture, up to 90 days community service, fines of up to $1,000, six points on driving record, and more. The only way for an individual to be granted restricted driving privileges is through participation in sobriety court program sanctioned by the state.
Driving under the influence of alcohol or drugs is a very serious charge in the state of Michigan. Even when an accident does not occur and no one is injured or killed, the criminal penalties are life-changing and may affect a person’s reputation, career, and freedom. If you have been arrested for DUI, OUIL, OWVI, or any drunk driving offense, consult with a capable and aggressive Michigan DUI defense lawyer immediately so that work can begin to protect your legal rights and future.