Category:DUI Stops

Should I Refuse the Field Sobriety Tests?

  • March 8th, 2017
  • Patrick Barone
  • OWIDUI StopsDUI Mistakes

If you are stopped and the police smell alcohol or marijuana, then there’s a good chance you will be asked to step out of the car to perform field sobriety tests. If you fail one or more of these tests, then you will probably be arrested for OWI, or Operating While Intoxicated. Michigan has not

Must Field Sobriety Tests Follow Standards Prescribed by the National Highway Traffic Safety Administration?

  • February 17th, 2017
  • Patrick Barone
  • DUI StopsDUI Penalties

The answer is somewhat unclear because so far no Michigan court has specifically ruled that police officers must administer standardized field sobriety tests in accordance with protocol set forth by the National Highway Traffic Safety Administration (NHTSA).  However, a new law was recently passed in Michigan that suggests that the legislature wants substantial compliance with

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

Driveway DUI’s: Michigan Court Rules it Not Unlawful to Drive Drunk in Own Driveway

  • December 30th, 2016
  • Patrick Barone
  • DUI StopsDUI EnforcementDUI

The Michigan Court of Appeals recently ruled that a person may drive drunk in their own driveway.  The name of the case is People v. Rea, 315 Mich. App. 151 (2016), and in this case, after having “a lot” to drink the defendant decided he wanted to listen to some music. So, he drove his car

The Role of Search and Seizure in The Prosecution of DUI Cases

  • October 19th, 2016
  • Patrick Barone
  • OWIDUI StopsDUI Enforcement

What Follows is a draft excerpt from The Legality of Search and Seizure in DUI Cases, 2016-2017 ed.: Leading Lawyers on Leveraging Science and Process to Develop Winning Defense Strategies (Inside the Minds): Evidence collected from search and seizure plays the starring role in the prosecution of DUI cases, and in fact, were it not for

911 Call May Be Sufficient Basis for Michigan DUI Stop

  • September 2nd, 2016
  • baronefirm
  • DUI Stops

With cell phones being ever present in our society, it is becoming increasingly common for people to use their cell phones to report a Michigan driver they think might be intoxicated.  If the police officer does not independently observe a traffic violation, then there may be a basis to challenge the stop. However these DUI

Drunk Driving Traffic Stops and Interlocks

  • September 2nd, 2016
  • baronefirm
  • DUI StopsIgnition Interlock

As originally conceived the United States Supreme Court was intended to be a final check on the police power.   And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central goal behind the idea of having three branches of government is that a

New Law Makes it Easier for Michigan Drivers to Avoid a Drunk Driving Arrest

  • September 2nd, 2016
  • baronefirm
  • DUI StopsDUI Enforcement

On September 8, 2015, Governor Snyder signed into law House Bill 4193, making it easier for Michigan drivers to avoid a DUI arrest. According to the new law, during a traffic stop you may now show a police officer an electronic proof of insurance on your phone.  This electronic proof of insurance would be considered prima facie

Drunk Driving’s Grisly Toll Justifies Warrantless Searches of Motorist’s Breath

  • September 2nd, 2016
  • baronefirm
  • DUI Stops

Citing the “grisly toll on the Nation’s roads,” and by opinion dated June 23, 2016, the United States Supreme Court has ruled that the police are not required to obtain a warrant in order to obtain a breath sample.  The same is not true of blood test where warrants are still required.  Fundamental to the

Innocent Owner Defense Doesn’t Apply to DUI Car Forfeiture

  • September 2nd, 2016
  • baronefirm
  • DUI StopsDUI Penalties

Michigan law provides that drivers convicted of drunk driving can have their cars forfeited.  This means that upon conviction the state can take the convicted drunk driver’s car.  In those cases where the car was used without the permission or knowledge of the owner the “innocent owner” defense would apply.  If successful this defense would

  • 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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