Category:OWI

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

Repeat Drunk Drivers in Barry County, Michigan Get Minimum 30 days in Jail

  • March 2nd, 2017
  • Patrick Barone
  • OWIDUI Penalties

A Barry County Judge has indicated that he’s going to start cracking down on repeat drunk drivers by giving them a minimum of 30 days in jail. Judge Michael Shipper was appointed by Governor Snyder in 2011 and is already tough on first-time offenders.  Now he says he’s ready to be even tougher on repeat drunk

What Should I Expect with a Michigan First Offense OWI Charge?

  • March 2nd, 2017
  • Patrick Barone
  • OWIDUI Penalties

A first offense OWI in Michigan is a crime categorized as a misdemeanor in Michigan.  Drunk driving cases are taken very seriously by the courts, and a conviction of a first offense OWI can carry with it serious consequences. A conviction for first offense OWI will carry with it fines, costs and driver license sanctions. 

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

Must the Police Observe me for 15 Minutes Before my Breath Test?

  • February 24th, 2017
  • Patrick Barone
  • OWIDUI

The breath testing administrative rules in Michigan do require that the police observe you continuously for at least 15 minutes before you provide your first breath sample.  However, based on the case law discussed below, in this context the words “observe” and “continuously” are not as simple as they may seem.  Also, even if the

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

What it Means to “Operate” a Vehicle In the Context of a Michigan DUI Charge

  • February 16th, 2017
  • Patrick Barone
  • OWIDUI TrialsDUI

In some situations, the police can charge you with drunk driving in Michigan even if the police never saw you driving your car.  However, the legal analysis in these cases is very fact specific, and the law is quite complex.  In some situations, courts have upheld convictions when the police never saw anyone operating the

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 Saliva Drug Test Program Delayed Until Spring

  • December 20th, 2016
  • Patrick Barone
  • OWIDUI Drug ChargesDUI Trials

Michigan passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab.  Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed.  An MSP spokesperson said the program isn’t likely to get started now until spring

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

  • 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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