Category:DUI Defense

The Misleading Concept of Alcohol Tolerance in Michigan DUI Cases

  • May 25th, 2017
  • Patrick Barone
  • DUI DefenseDUI Trials

Many judges, prosecutors, and defense attorneys have mistaken beliefs about alcohol tolerance.  In a drunk driving trial, these mistaken beliefs can lead to misleading arguments which might further lead to wrongful convictions.  A recent article from the peer-reviewed science journal article Psychopharmacology[i] helps support a defense lawyer’s attempt to preclude a wrongful conviction based on

Driver’s License Sanctions for First Offense Drunk Driving Convictions in Michigan

  • May 24th, 2017
  • Patrick Barone
  • DUI DefenseDUI Enforcement

If you have never been arrested for drunk driving before in Michigan, or anywhere else in the country, then there are three possible drunk driving charges in Michigan.  The driver’s license sanction for each offense is described below. High BAC/Super Drunk OWI According to Michigan’s Criminal Code, section 257.625(c) a driver is considered “super drunk,”

Barone to Present a Michigan State Bar OWI Seminar

  • May 22nd, 2017
  • Patrick Barone
  • DUI DefenseDUI

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 Cooley Law School’s Auburn Hills

Boyle Presents at Drugged Driving Seminar in Lansing Michigan

  • May 22nd, 2017
  • Patrick Barone
  • DUI DefenseDUI Drug Charges

Imagine you have done nothing wrong but for a minor moving violation. You have not been drinking.  You have not consumed any prescription or illegal drugs.  You tell the officer the truth.  But then you are arrested for suspicion of driving under the influence.  This was the very unfortunate circumstance for not one, not two,

Oakland County Circuit Court Judge Throws out .20 Breath Test on Felony Drunk Driving

  • April 11th, 2017
  • Patrick Barone
  • OWIDUI DefenseBreath Testing

An Oakland County Circuit Court Judge recently suppressed a DataMaster .20 evidentiary breath test result on a felony drunk driving case.  The judge suppressed the breath test because the police officer who administered the test failed to follow the laws and rules intended to assure that breath tests are reliable.  Because of the judge’s ruling,

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

  • February 20th, 2017
  • Patrick Barone
  • OWIDUI DefenseDUI Trials

If you were arrested for drunk driving in Michigan, then going to Alcoholics Anonymous, or AA, may help your case.  But that is only one reason to go AA, and probably not the best one.  You and your Michigan OWI lawyer should discuss this question in collaboration with a mental health professional. From a purely

Michigan DUI Cases and Improperly Administered Field Sobriety Tests

  • January 2nd, 2017
  • Patrick Barone
  • DUI StopsDUI Defense

The lawyers at the Barone Defense Firm are regularly astonished by how infrequently police officers actually bother to follow their advanced training when making DUI arrests.  In virtually every case we can find mistakes, and we can sometimes leverage and use these failures to obtain great results for our clients. An example of when a failure

Caffeine Related DUI Charges and What Constitutes An “Intoxicating Substance” in Michigan

  • December 29th, 2016
  • Patrick Barone
  • DUI DefenseDUI

An attorney in California has been charged with DUI for allegedly driving under the influence of caffeine.  The officer who pulled the man over was working on alcohol enforcement when the driver pulled in front of him, cutting him off, and then driving erratically.  A roadside breath test showed no alcohol was present in the

Breath Testing Rules and Regulations in Michigan DUI Cases

  • December 8th, 2016
  • Patrick Barone
  • DUI DefenseBreath Testing

Michigan’s rules and regulations for breath testing are set forth by law and by administrative rule.  There are also a variety of rules and regulations contained in the DataMaster Evidential Breath Test Manual.  Together these rules and regulations are intended to assure that a breath test result is reliable and admissible in a court of

What is Statute of Limitations for Drunk Driving Cases in Michigan?

  • December 6th, 2016
  • Patrick Barone
  • OWIDUI DefenseDUI Trials

According to Michigan Compiled Laws 767.24, the Statute of Limitations for a drunk driving case in Michigan is 6 years.  However, under certain circumstances this time period can be extended.  Also, although the limitations period is 6 years, according to Michigan case law, prejudice is presumed after only 18 months.  This means if your drunk

  • About the Author Attorney Patrick Barone is well-known and well respected throughout the legal community. As a professor, guest speaker and author he shares his knowledge of drunk-driving defense with lawyers and judges to help them better understand this complex area of law. Mr Barone is the co-author of two highly regarded books including Defending Drinking Drivers and Michigan DUI Law – a Citizen’s Guide. Also, Super Lawyers Magazine recently recognized his unique approach to law in their article “Walking in Their Shoes.”
  • Categories