Category:DUI Defense

Oakland County Circuit Court Judge Throws out .20 Breath Test on Felony Drunk Driving

  • April 11th, 2017
  • Patrick Barone
  • OWIDUI DefenseBreath Testing

An Oakland County Circuit Court Judge recently suppressed a DataMaster .20 evidentiary breath test result on a felony drunk driving case.  The judge suppressed the breath test because the police officer who administered the test failed to follow the laws and rules intended to assure that breath tests are reliable.  Because of the judge’s ruling,

I Was Arrested for Drunk Driving, Should I go to AA?

  • February 20th, 2017
  • Patrick Barone
  • OWIDUI DefenseDUI Trials

If you were arrested for drunk driving in Michigan, then going to Alcoholics Anonymous, or AA, may help your case.  But that is only one reason to go AA, and probably not the best one.  You and your Michigan OWI lawyer should discuss this question in collaboration with a mental health professional. From a purely

Michigan DUI Cases and Improperly Administered Field Sobriety Tests

  • January 2nd, 2017
  • Patrick Barone
  • DUI StopsDUI Defense

The lawyers at the Barone Defense Firm are regularly astonished by how infrequently police officers actually bother to follow their advanced training when making DUI arrests.  In virtually every case we can find mistakes, and we can sometimes leverage and use these failures to obtain great results for our clients. An example of when a failure

Caffeine Related DUI Charges and What Constitutes An “Intoxicating Substance” in Michigan

  • December 29th, 2016
  • Patrick Barone
  • DUI DefenseDUI

An attorney in California has been charged with DUI for allegedly driving under the influence of caffeine.  The officer who pulled the man over was working on alcohol enforcement when the driver pulled in front of him, cutting him off, and then driving erratically.  A roadside breath test showed no alcohol was present in the

Breath Testing Rules and Regulations in Michigan DUI Cases

  • December 8th, 2016
  • Patrick Barone
  • DUI DefenseBreath Testing

Michigan’s rules and regulations for breath testing are set forth by law and by administrative rule.  There are also a variety of rules and regulations contained in the DataMaster Evidential Breath Test Manual.  Together these rules and regulations are intended to assure that a breath test result is reliable and admissible in a court of

What is Statute of Limitations for Drunk Driving Cases in Michigan?

  • December 6th, 2016
  • Patrick Barone
  • OWIDUI DefenseDUI Trials

According to Michigan Compiled Laws 767.24, the Statute of Limitations for a drunk driving case in Michigan is 6 years.  However, under certain circumstances this time period can be extended.  Also, although the limitations period is 6 years, according to Michigan case law, prejudice is presumed after only 18 months.  This means if your drunk

Barone Authors Chapter in New Book Entitled “Legality of Search and Seizure in DUI Cases”

  • October 3rd, 2016
  • Patrick Barone
  • DUI DefenseFirm News

The Barone Defense Firm is pleased to announce that Patrick Barone has authored a chapter in the soon to be published 2016-2017 edition of “Legality of Search and Seizure in DUI Cases.”  The title of Mr. Barone’s chapter is “Developing Essential Trial Skills for Defending DUI Cases.’ This new book from Aspatore’s “Inside the Minds”

Prosecutor Challenges One-Year Jail Sentence for Drunk Driving Causing Death Case

  • September 29th, 2016
  • Patrick Barone
  • DUI DefenseDUI Penalties

In Michigan, a charge of drunk driving causing death is punishable by up to 15 years in prison.  This possible sentence is set forth in Michigan Complied Laws 257.625(4)(a).  In determining exactly what sentence to impose for an individual case a judge will be looking at many factors, including the Michigan Sentencing Guidelines. A recent

Breath Test Calibration Errors Could Lead to Dismissal of 20,000 DUI Charges

  • September 21st, 2016
  • Patrick Barone
  • DUI DefenseBreath Testing

A New Jersey Sergeant was recently suspended and charged with records tampering for failing to properly calibrate the state’s alcohol breath testing devices.  This could potentially call into question as many as 20,000 DUI cases in the state. But this problem is not limited only to New Jersey.  If you are arrested for drunk driving

Delay in Prosecution Leads to Dismissal of Wayne County DUI

  • September 19th, 2016
  • Patrick Barone
  • DUI DefenseFirm News

Prosecutors are loath to dismiss or reduce drunk driving cases in Michigan. This is because so many people watch DUI cases so closely, everyone from MADD to the Michigan State Police watch and track what happens to each and every person arrested for intoxicated driving in Michigan. If a prosecutor gives a non-alcohol reduction or

  • 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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