Articles Posted in DUI Defense

The attorneys at the Barone Defense Firm have one goal in mind – WINNING! If we accept your case, we will try to win, and we will use all ethical means possible. Winning may mean several different things to different clients, and we don’t win every case, but we don’t lose for not trying. In fact, according the United States Supreme Court, a criminal defense attorney should, whenever possible, always do the following:

1. Whether innocent or guilty, the most important role of a DUI defense attorney is preventing the conviction of his client. This role is above all others.
2. Wherever possible, to fulfill this role the DUI Defense attorney should attempt to confuse the state’s witnesses, even truthful ones, and make them appear at a disadvantage and whenever possible, make them look unsure or indecisive.

If you have been arrested for DUI in Michigan, and have found and retained a top DUI defense attorney to represent you, then he or she will be using a variety of tools to investigate your case.  The purpose of this investigation is to help your DUI defense lawyer uncover defenses applicable to your case.

One under-utilized method of discovery is the Freedom of Information Act or FOIA.  In a criminal case, the FOIA can be used to obtain documents from the police agencies involved in your DUI arrest, as well as agencies involved in the oversight of the specific police agency that arrested you for drunk driving.

Of particular interest in a Michigan DUI case is the State Police agency involved in oversight of the state’s breath testing program.  In the case of a drunk driving / DUI blood test case, the agency of interest is the laboratory where the blood was tested for alcohol.