Michigan drivers are sometimes stopped under suspicion of intoxicated driving after a concerned citizen calls 911. The validity of these traffic stops are highly fact-specific, and depending on exactly what is reported to 911, the stop may or may not be sufficient to support a DUI conviction. One case in…
Police in Michigan continue to use unreliable chemical and field sobriety tests when investigating drivers suspected of using cannabis. This can lead to sober cannabis users being wrongfully convicted of intoxicated driving. This is because the tools used for decades to investigate drunk driving cases simply do not translate well…
The Michigan Court of Appeals has indicated, in the unpublished opinion of People v. Adam Robe, (COA# 355005); that a failure to wait 15 minutes before administering a roadside preliminary breath test (PBT) meant that the trial court could not consider the PBT in determining if the arrest is valid.…
According to science, breath alcohol tests in DUI cases can be as much as 230 percent higher than corresponding blood tests. Because blood transports consumed beverage alcohol from the stomach to the brain where it can reach sufficient levels to cause impairment, a person’s blood alcohol level is what really…
Prosecutors across the state of Massachusetts have stopped using breath test results obtained during drunk driving arrests for tens of thousands of motorists between 2011 and 2017. The reason is that defense attorneys representing the drivers discovered that breath test machines throughout the state were improperly calibrated. If was further…
Victoria Police was caught falsifying more than a quarter million roadside breath tests over a five-year period. The claim is that the officers did this to meet quotas or to highlight their productivity. At the end of the month, when quotas had not been met, officers would set up ad-hoc…
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…
Assuming there is no defense: This mistake is number one for a reason, it is potentially the biggest mistake you can make. EVERY DUI case can and should be defended. It’s your Constitutional right. A belief that your case can’t be defended can only lead to one result – guilty:…