DUI Trials

Do I need a DUI attorney for a first offense in Michigan?

Published on: May 16, 2026 | by Patrick Barone

When someone is charged with a first-offense OWI under MCL 257.625, the question of whether to hire a defense attorney is, in practical terms, not a question at all. Because the charge carries up to 93 days in jail, the Sixth Amendment right to counsel attaches to every such prosecution.

While a defendant may theoretically waive that right, Michigan courts actively discourage waiver in OWI cases and grant it only in rare circumstances, and when a waiver is granted, the defendant is held to precisely the same standard as a licensed attorney: full knowledge of the law, the Michigan Rules of Evidence, the Michigan Court Rules, and the customs and protocols of the court.

In over thirty years of practice, the attorneys at the Barone Defense Firm have seen self-representation in a Michigan OWI case succeed almost never. The real question is not whether counsel is required, but what a skilled first offense OWI attorney can accomplish that no defendant standing alone realistically can.

Michigan OWI for Financial Professionals: License, Career, and Reputation Risks

Published on: April 29, 2026 | by Patrick Barone

Michigan OWI for financial professionals can create problems that extend far beyond court. For financial advisors, brokers, investment adviser representatives, CFP professionals, CPAs, insurance producers, bankers, executives, and other financial professionals, the criminal case is only one part of the risk. The larger concern may be disclosure, licensing, employment, client trust, background checks, travel restrictions, and long-term reputational harm.

A first-offense Michigan OWI does not automatically end a financial professional’s career, but it can create serious professional consequences. The impact depends on the exact charge, whether the case is a misdemeanor or felony, the person’s license or registration, employer policies, aggravating facts, and whether any required disclosure is made accurately and on time. The most important step is to defend the criminal case while also identifying every professional reporting obligation before a missed deadline or inconsistent statement becomes a separate problem.

Michigan OWI for financial professionals affecting licensing and career consequences For many financial professionals, the OWI charge is the first time they have ever been treated as a criminal defendant. They may be embarrassed, anxious, and afraid that one incident will redefine a lifetime of professional achievement. A good defense should address those fears directly while building a practical plan for the court case, the license issues, and the professional narrative.

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

Published on: March 29, 2026 | by Patrick Barone

A Michigan breath test refusal is not a single decision. It is two separate questions with two separate answers, because Michigan law treats the roadside preliminary breath test and the evidentiary breath test at the police station as fundamentally different instruments governed by different statutes with different consequences for refusal. Understanding that distinction is the most important thing a Michigan driver can know before they are ever put in the position of having to decide.

What Is the Difference Between the PBT and the Evidentiary Breath Test in a Michigan DUI?

Michigan law recognizes two categories of breath test in a DUI investigation. The first is the preliminary breath test, or PBT, a small handheld device an officer asks you to blow into at the roadside before any arrest has been made. The second is the evidentiary breath test, administered on the Intoxilyzer 9000 at the police station after you have been placed under arrest.

I Was Arrested for Drunk Driving, Should I go to AA?

Published on: March 5, 2026 | by Patrick Barone

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If you were recently arrested for drunk driving in Michigan, one of the first questions your attorney may raise is whether you should begin attending a recovery support program such as Alcoholics Anonymous before your case is resolved.

The short answer is yes, in most cases, voluntary enrollment in a structured recovery program is one of the most effective steps you can take to demonstrate personal responsibility to the court.

Recovery program participation strengthens both the character letters your support network can write on your behalf and the broader sentencing mitigation strategy your attorney will build to position your case favorably during plea negotiations and at sentencing.

What Is Jury Nullification in Michigan? Is It Legal?

Published on: February 7, 2023 | by Patrick Barone

Jury nullification in Michigan can and does happen, which is when a jury judges the law instead of determining if a defendant is guilty of breraking that law.
Jury nullification occurs when a Michigan jury returns a verdict that is contrary to the law given them by the Judge. In a criminal case, jury nullification occurs when the jury, while believing the accused to be guilty, nevertheless return a verdict of not guilty.

In Michigan criminal defense cases, jury nullification can be both a fascinating and controversial topic. Many people are surprised to learn that a jury can essentially reject the law as it’s written if they feel applying it would result in an unjust outcome. This doesn’t happen often, but when it does, it can be a powerful reminder that our justice system includes a human element. Jurors are instructed to follow the law, but they also bring their own values and perspectives into the courtroom. For people facing serious charges like OWI or other criminal offenses in Michigan, understanding how a jury might respond to the facts—and the law—is an important part of legal strategy.

Usually this happens when the jurors either don’t like the MI criminal law in question or don’t believe that the criminal law is being appropriately applied. When a jury does this they are thought to “judge” the law.

What’s the Difference Between a Question of Law and a Question of Fact?

Published on: January 31, 2023 | by Patrick Barone

The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide. However, while technically correct, this short answer is incomplete. Especially if you are charged with a crime like OWI Michigan.

Learn the difference betweek drunk driving and OWI Michigan.
One reason this explanation is incomplete is because it ignores the issue of jury nullification where judges are thought to be “judges of the law.” However this is a complicated and controversial topic, and beyond the scope of this article. To learn more about jury nullification, see; What is Jury Nullification and is it Lawful in Michigan?

When you’re facing an OWI charge in Michigan, the stakes are high, and understanding the roles of judges and juries becomes more than a legal curiosity—it becomes a crucial part of building your defense. For example, many clients charged with operating while intoxicated wonder who decides if a breathalyzer test was administered properly, or whether the officer had a valid reason to initiate the traffic stop in the first place. These aren’t just technicalities—they’re legal questions that could affect whether key pieces of evidence are even considered at trial. Knowing who decides what, and when, could make the difference between a conviction and an acquittal.

Criminal Arraignment in Michigan – First Court Appearance

Published on: December 12, 2022 | by Patrick Barone

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Understanding the Criminal Arraignment in Michigan: What You Need to Know

The criminal arraignment is the first formal court appearance in your case, marking the beginning of the legal process. In Michigan, as in all states, you have an absolute right to an arraignment. This right is deeply rooted in history, reflecting the foundational principles of justice in the United States. The U.S. Constitution’s Sixth Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation.” This safeguard ensures transparency and fairness, allowing individuals to know the charges they face and begin preparing their defense.

Why Do We Have a Right to an Arraignment?

Michigan DUI Penalties: What You Need to Know

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

What is 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

What is Proximate Cause?

A drunk driving causing death case always involves allegations that (1) a person was driving a motor vehicle, (2) while intoxicated, (3) the operation of the motor vehicle caused the death of another. As previously described, proving the “vehicle caused the death of another” involves two kinds of causation. Factual causation and proximate causation.

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.