Category:Blood Testing

Trump Plan Would Place Lansing Toxicology Lab Under Federal Control

  • February 27th, 2017
  • Patrick Barone
  • OWIBlood Testing

President Trump’s Department of Justice has proposed a new Office of Forensic Science and Forensic Science Board within the DOJ. This new board would have governing authority over all of Michigan’s forensic labs, including the Toxicology lab located in Lansing.  Nearly all drivers arrested for intoxicated driving and subjected to blood draws currently have their

Exigent Circumstances Did Not Justify Warrantless Blood Draw in Medical Marijuana DUI Case

  • December 29th, 2016
  • Patrick Barone
  • OWIBlood TestingMarijuana Laws

If you’ve used medical marijuana in Michigan, drive your car, and are stopped by the police, you can be charged with OWI or “operating while intoxicated.”  This is because Michigan’s drunk driving statute, found at Michigan Compiled Laws 257.625, indicates in part as follows: As used in this section, “operating while intoxicated” means any of

Michigan State Police Admit They Botched 4000 Alcohol Blood Tests

  • September 8th, 2016
  • baronefirm
  • Blood Testing

The Michigan State Police have announced that as many as 4,000 alcohol blood tests are flawed due to improper calibration.  This means that as many as 4000 people arrested for drunk driving in Michigan could be wrongly convicted of a crime they did not commit. Here’s how the system works: if you are arrested in

Drunk Driving: Is A Blood Test Really a Blood Test. Gas Chromatography 101

  • September 2nd, 2016
  • baronefirm
  • Blood Testing

When you are arrested for drunk driving an officer has a right to request that you submit to a chemical test[1], including a breath, blood, or urine.  The most common request is for a subject to submit to a breath test on a DataMaster (often referred to as a breathalyzer), which is typically because it

Judge Throws Out DUI Alcohol Test Due to Rights Not Being Read

  • September 2nd, 2016
  • baronefirm
  • Blood Testing

If you are arrested in Michigan for drunk driving, and the police do not read you your implied consent rights, then under the right facts it might be possible to have the alcohol test thrown out.  To understand why, it’s important to first understand Michigan’s implied consent laws. If you are arrested in Michigan for

Are Jail DUI Blood Draws Valid?

  • September 2nd, 2016
  • baronefirm
  • Blood Testing

If you were arrested for drunk driving in Michigan, then you were probably asked to take either a breath or a blood test.  Michigan DUI laws require that such blood draws be performed in a “medical environment.”  This term is not defined. In some Michigan municipalities the police will summon a person to come to

Forensic Labs Under Siege

  • September 2nd, 2016
  • baronefirm
  • DUI DefenseBlood Testing

In Michigan the testing of all blood drawn from people accused of drunk or drugged driving is tested only in this laboratory located near Lansing, Michigan. Each year, tens of thousands of blood samples are tested in this laboratory, and according to testimony provided at several trials and evidentiary hearings, the State Police Forensic Laboratory

Five Reasons Retrograde Extrapolation Should Not Be Allowed In DUI Cases

  • September 2nd, 2016
  • baronefirm
  • Blood TestingBreath Testing

I have written previously in this blog about the unreliability of retrograde extrapolation in drunk driving cases. This is an important topic because state experts in drunk driving cases often will come into court and try to convince the jury that the driver’s blood alcohol at the time of the driving was higher than at

Blood Tests in DUI Cases Not Always Accurate

  • September 2nd, 2016
  • baronefirm
  • DUI DefenseBlood Testing

Many Michigan DUI lawyers see blood tests as nearly impossible to defend.  This may be due to a lack of knowledge on their part, or it may be due to a belief that jurors see blood tests as irrefutable.  Regardless of the basis this belief is simply not true.  Armed with the right knowledge, blood

Warrantless Blood Draws in Michigan DUI Cases

  • September 2nd, 2016
  • baronefirm
  • DUI DefenseBlood Testing

If you are arrested for intoxicated driving due to alcohol or drugs in Michigan, and your blood is drawn, this usually means either that you consented to have your blood drawn, or the police obtained a search warrant for blood. Provided the police had probable cause to arrest you for DUI in Michigan, the implied

  • About the Author Attorney Patrick Barone is well-known and well respected throughout the legal community. As a professor, guest speaker and author he shares his knowledge of drunk-driving defense with lawyers and judges to help them better understand this complex area of law. Mr Barone is the co-author of two highly regarded books including Defending Drinking Drivers and Michigan DUI Law – a Citizen’s Guide. Also, Super Lawyers Magazine recently recognized his unique approach to law in their article “Walking in Their Shoes.”
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