On March 22, 2018, an Amish man was arrested in Ohio for drunk driving after he ran a stop sign. He admitted to the police that he drank 10 beers. The police noticed the failure to stop and then began following the buggy because they believed it may be lead…
There are several ways to look at this question. The National Highway Traffic Safety Administration defines the two terms this way. Notice the results-based language contained in these definitions: Impairment—Refers to the deterioration of an individual’s judgment and/or physical ability. Physiological and cognitive impairment begin at BAC levels below those…
Michigan is likely to have a .05 legal limit for drunk driving within the next five years. This is because the National Highway Traffic Safety Administration (NHTSA) has begun pushing a .05 legal limit at the national level. Once a .05 legal limit is adopted as national policy, the federal…
Yes, it may be unlawful to operate a drone while intoxicated at the federal level, and may soon be unlawful at the state level as well. However, the punishment varies depending on the specific law violated. As drones become more common and more popular, some states are looking at…
Can You Really Win a Drunk Driving Trial Without Even Trying? Sometimes, winning a trial or a contested hearing comes down to knowing what not to do! In drunk driving cases, nowhere is this truer than with administrative hearings held on appeal from an alleged implied consent violation. To…
If you are charged with drunk driving in Michigan, then the clear majority of judges will require that you abstain from all alcohol and all illegal drugs. This will be a condition of your bond, and to be sure that you are compliant with your bond, you will be tested,…
Barone Defense Firm founding partner Patrick T. Barone has been asked to present at the upcoming Solo and Small Firm Drunk Driving Update. This seminar, presented by the Michigan State Bar, will take place Thursday, May 22, 2017 from 6:00 – 8:00. The location is at the Western Michigan University…
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…
A Utah lawmaker is backing a change in Utah’s DUI law lowering the legal limit to .05%. Utah’s current legal limit is .08%. This change would make Utah the first state in the Union to reduce the legal limit from .085 to .055. In 2005 Michigan was the last state to…
Disclaimer: This case was overruled by the more recent Michigan Supreme Court case of People v. Rea. 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…