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DUI Defense

Supreme Court to Rule: Can Unconscious Driver Consent to Blood Draw?

Jan 24th, 2019 PBarone

On January 11th the United States Supreme Court indicated that they would hear a case arising out of the state of Wisconsin involving the constitutionality of a warrantless blood draw from an unconscious person. The name of the case is Mitchell v....

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DUI Defendant’s Constitutional Right to Confront Chemical Test Remains Clear as Mud

Nov 30th, 2018 PBarone

In the past decade, the United States Supreme Court has issued several opinions addressing a DUI defendant’s right to confront a breath or blood test used by the prosecution to prove intoxication at trial. In legal terms, the word “confront” essentially means...

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In a Drunk Driving Investigation Must Police Read Me My Rights?

Nov 26th, 2018 PBarone

Yes, when you’ve been stopped for drunk driving the police must read you your rights.  In fact, the police may be required to read to you three separate sets of rights; one related to the roadside or preliminary breath test (PBT), the...

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Prosecutors Stop Using Results from Improperly Calibrated Breath Test Machines

Sep 25th, 2018 PBarone

Prosecutors across the state of Massachusetts have stopped using breath test results obtained during drunk driving arrests for tens of thousands of motorists between 2011 and 2017.  The reason is that defense attorneys representing the drivers discovered that breath test machines throughout...

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Am I Eligible for Sobriety Court?

Aug 2nd, 2018 PBarone

Many courts throughout Michigan employ an alternative form of sentencing for drunk drivers that emphasize treatment over punishment. Collectively, this approach to sentencing is called sobriety court.  Such courts utilize a 2011 Michigan statute codified in Michigan Compiled Laws § 257.304.  This...

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Misdemeanor and Felony Procedures in a Michigan DUI/OWI Case

Aug 1st, 2018 PBarone

After you’ve been arrested for DUI/OWI in Michigan the next step will be for the arresting officer(s) to prepare a narrative written police report, including any supplemental discovery materials. Depending on the nature of the office, this report and investigation will include...

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Common Police Officer Tests/Requests in DUI/OWI Arrests

Jul 19th, 2018 PBarone

Most people arrested for drunk driving in Michigan first encounter the police as part of a traffic stop.  The traffic stop might be for something unrelated, such as speeding, or it might be because of something more commonly associated with intoxicated driving,...

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What is Michigan’s Under 21 Zero Tolerance Law?

Jul 17th, 2018 PBarone

You are a drunk driver if you are under 21 years of age in Michigan, drink any amount of alcohol and then drive a car.  This is called the Michigan zero-tolerance drunk driving law. To fully understand this law, it is important...

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How Much Will a DUI Lawyer Cost?

Jun 26th, 2018 PBarone

There is at least a ten-fold difference in the amounts Michigan lawyers charge to handle a first offense drunk driving case. Fees usually start at around $1,500.00 for a newer less experienced lawyer.  From there, fees increase to as much as $15,000...

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What are the Possible Conditions of Bond on a Michigan DUI/OWI?

Jun 5th, 2018 PBarone

After you’ve been arraigned on your Michigan DUI/OWI, the court will make a determination as to bond conditions.  The court will add conditions to your bond because you have been charged with a serious offense and the court wants to make sure...

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