Tausch v. State

George Rose Smith, Justice.

This is another in a number of cases questioning the validity of the Omnibus DWI Act. Act 549 of 1983. In this case Tausch pleaded guilty in the municipal court to a first DWI offense, but he contested the charge in the circuit court. After a non-jury trial the circuit court made a finding of guilty and imposed the same punishment as that in the municipal court: Twenty-four hours in jail, a 90-day suspension of Tausch’s driver’s license, and a $500 fine. Among many arguments presented to the circuit court, only two are asserted on appeal.

First, it is argued that the…