DUI Defense

Intoxilyzer 9000 – Michigan’s New Breath Test Instrument

Published on: May 8, 2023 | by Patrick Barone

Effective immediately, the Intoxilizer 9000 is replacing the DataMaster DMT as Michigan’s new breath test instrument. If you are arrested for DUI in Michigan, the chances are good your breath will be tested on a 9000. If you were over the legal limit, then keep in mind that a top DUI lawyer can beat breath test results in court.

However, for a short period of time, both breath alcohol test instruments will be used. Consequently, depending on the date and time of your evidential breath alcohol test, the police may have used the outdated DMT. If this is true in your case, then be sure to hire a top DUI defense lawyer to represent you. Breath test results rendered by the DMT are inherently untrustworthy. See this article if you are not sure how to find a top Michigan DUI lawyer.

This change to the 9000 is primarily due to the age of the DMTs currently in service. Also, the inability to obtain parts for this older equipment, and MSPs desire to employ newer technology. The Intoxilizer 9000 is widely used across the United States and is often relied upon by law enforcement agencies to determine whether an individual is legally intoxicated.

What Are the DUI Penalties in Michigan – First, Second, Third Offense?

Published on: October 12, 2022 | by Patrick Barone

If you’ve been arrested for DUI in Michigan, you’re likely feeling anxious and uncertain about what comes next. The penalties for a DUI conviction can be severe, but knowing what to expect can help you prepare.

In a Michigan operating while intoxicated case, also called OWI/DUI, the penalties will be based on the severity and nature of the offense, and your prior record. Possible penalties include jail time, license suspension or revocation, fines, costs, community service and probation.

Understanding DUI Penalties in Michigan

How Do I Get My DUI Blood Test Results in Michigan?

Published on: October 10, 2022 | by Patrick Barone

If you were arrested for OWI in Michigan the police may have tested either your breath or blood for the amount of alcohol. If your blood level is above the legal limit of .08 in Michigan, then you can end up losing your driver’s license and could even end up going to jail.

How to get a copy of a DUI blood test. Michigan DUI lawyer. Drunk driving blood test.
Your blood alcohol content (BAC) will be reported in a report. You can get your DUI blood test results by contacting the police department that arrested you for drunk driving. They may be unwilling or unable to provide you with the results.

If you can’t get your DUI blood test results from the police, then you’ll have to find out where the blood was tested, and contact the lab. Most chemical testing for a DUI involving alcohol or drugs or will tested by the Michigan State Police Forensic Lab in Lansing. If you were arrested for OWI in Oakland County Michigan, your blood was probably tested by the Oakland County Sheriff’s forensic lab.

Can You Get a DUI for Being High?

Published on: October 10, 2022 | by Patrick Barone

Marijuana DUI, OWI Cannabis, Michigan OWI Weed Lawyer Many people ask us if you can get a DUI for being high? The answer is yes, you can get a DUI in Michigan for being high on Marijuana. If you use cannabis for medical or recreational purposes, you might wonder “how do cops test for a weed DUI? Police officers will use the same kind of roadside tests used for one involving alcohol. So from this perspective there is little difference in a DUI with weed vs. alcohol.

Without getting to technical, one difference is that a DRE officer might be involved if the cops suspect marijuana impairment. Another difference is that there is currently no DUI breath test for weed.

There also is currently no legal limit for THC in the blood for DUI. However, the police will want to know your blood THC level for the DUI. This means more lawyers are being called upon to understand the complexities of forensic blood testing.

Should I Refuse the Breath Test If Stopped for DUI in Michigan?

Published on: March 29, 2022 | by Patrick Barone

Why Does Michigan’s Law of Implied Consent Exist?

The first DUI laws went in the books all the way back in the 1950s when cars where just starting to become very common. Back then, there were no breath tests, so that law enforcement tool in a DUI investigation was not available to police officers. That only happened ten years later, in the 1960s. Technology has improved a lot since then, and the law has changed too, because the law of implied consent is younger than the first breath tests. Back in the “olden days” people could refuse a breath test in a drunk driving case without an possible sanction. That is no longer true, and today, there are serious consequences if you unreasonably refuse to to a breath test.

The Michigan Law of Implied Consent

Plea Bargaining in a Michigan Criminal Case

Published on: March 26, 2022 | by Patrick Barone

Michigan Criminal Defense Lawyer Explains Plea Bargaining

Attorney Patrick Barone of Barone Defense Firm is a criminal defense law firm near me that represents clients accused of sex crimes, whereby if convicted, they would probably have to add their name to Michigan's se offender registry (SORA). If you are facing criminal charges, the criminal justice system seem overwhelming. It doesn’t matter if you’re facing drunk driving, drug charges, sex crimes or white collar crimes in the State of Michigan, the same system of felony criminal procedures apply.

Many Michigan DUI charges and other criminal cases like sexual assaults, child pornography and drug crimes, are resolved through a process called plea bargaining. A plea bargain is what happens after your attorney discusses your case with the prosecutor and explains why it is appropriate to amend or reduce the charges you are facing with the court. Sometimes the reduction in charges to a lower criminal offense will lessen the impact on your drivers license and possibly jail time as well.

Preparing for Court When Pleading Guilty

Published on: March 25, 2022 | by Patrick Barone

Most of the time if you are pleading guilty it is because your lawyer has successfully engaged in plea bargaining with the prosecutor. Consequently, preparation for court when pleading guilty really begins to take place almost as soon as you first hire your lawyer. Therefore, the total preparation will take place over several weeks or months, and sometimes even years before you are set to appear in court. At a minimum the following things should have occurred before you plead guilty.

You’ve reviewed all the discovery with your attorney.
You’ve discussed possible defenses with your attorney.

Proximate Causation in a Michigan Drunk Driving Causing Death Case

Published on: March 7, 2022 | by Patrick Barone

Michigan Drunk Driving Lawyer Explains Proximate Causation

Michigan DUI lawyer Patrick Barone knows Michigan DUI law and how to beat a DUI. Patrick Barone, considered by many to be among the best DUI lawyers in Michigan, has indicated that a drunk driving causing death case is one of the most difficult kinds of criminal law cases to defend. The concept of proximate causation is one of the reasons these cases are so difficult and complicated.

What is Proximate Cause?

Bond Violation Show Cause Hearings in Michigan

Published on: March 4, 2022 | by Barone Defense Firm

In a criminal case, after your arrest but before your conviction or acquittal, you will be on bond. There are several discretionary terms and conditions of pretrial release, and these will be determined during your first court appearance the arraignment. A show cause is what happens when someone does something on bond contrary to what’s been ordered.

The most common allegations of a bond violation that we see at the Barone Defense Firm related to alcohol and drug testing. Often, a client will miss a drug or alcohol test, which is the most common alleged bond violation, followed by a positive drug or alcohol test.

Bond Violations are Considered Contempt of Court

Michael Boyle Explains How He Will Help You Decide if Trial is Your Best Option

Published on: January 29, 2022 | by Barone Defense Firm

Being charged with a crime is most certainly one of the most traumatic events you can experience, and then attempting to retain the right attorney or law firm might also feel like a daunting task. The Criminal Defense Trial Attorneys at the Barone Defense Firm understand that difficulty and that trauma, therefore we want to address some important factors in hiring the right trial attorney for your case.

Trial is an Endangered Species

The National Association of Criminal Defense Lawyers (NACDL) recently published a report that 3% of all criminal cases in State and Federal Court are resolved through Trial compared to 20% of cases from 30 years ago. A related article lists that some of the reasons for this decrease include fear of what is known as a trial penalty or trial tax, meaning a worse sentence after a loss at trial. This is balanced against the fact that a lesser sentence can be arranged as part of a plea agreements. Certainly, another reason is the lack of ability or lack of experience of the trial attorney themselves. The very fact fewer cases reach trial every year is reason enough to seek an attorney that does not have significant trial experience, and who will not be afraid to go to trial.