Category:DUI Enforcement

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,”

National Movement Toward Lowering the Legal BAC Limit Begins in Utah

  • January 4th, 2017
  • Patrick Barone
  • DUI EnforcementDUI

A Utah lawmaker is backing a change in Utah’s DUI law lowering the legal limit to .05%.  Utah’s current legal limit is .08%. This change would make Utah the first state in the Union to reduce the legal limit from .085 to .055.  In 2005 Michigan was the last state to reduce the legal limit to

Driveway DUI’s: Michigan Court Rules it Not Unlawful to Drive Drunk in Own Driveway

  • December 30th, 2016
  • Patrick Barone
  • DUI StopsDUI EnforcementDUI

The Michigan Court of Appeals recently ruled that a person may drive drunk in their own driveway.  The name of the case is People v. Rea, 315 Mich. App. 151 (2016), and in this case, after having “a lot” to drink the defendant decided he wanted to listen to some music. So, he drove his car

The Role of Search and Seizure in The Prosecution of DUI Cases

  • October 19th, 2016
  • Patrick Barone
  • OWIDUI StopsDUI Enforcement

What Follows is a draft excerpt from The Legality of Search and Seizure in DUI Cases, 2016-2017 ed.: Leading Lawyers on Leveraging Science and Process to Develop Winning Defense Strategies (Inside the Minds): Evidence collected from search and seizure plays the starring role in the prosecution of DUI cases, and in fact, were it not for

Michigan State Police Labor Day Drive Sober Campaign Underway

  • September 8th, 2016
  • baronefirm
  • DUI Enforcement

The State Police of Michigan have announced a Labor Day Drive Sober or Get Pulled Over anti-drunk driving campaign. The 2016 annual state-wide joint DUI task force campaign is already underway, and continues through September 5, 2016.  For this particular campaign, Michigan State Police are joining with local and county police and Sheriff departments to maximize drunk

Drunk Drivers May Be Ordered to Wear Alcohol Sensing Tattoo

  • September 7th, 2016
  • baronefirm
  • DUI Enforcement

A new Orwellian technology could be used by courts to monitor the consumption of alcohol by alleged drunk drivers. If you are arrested for drunk driving in Michigan, then the court will almost certainly order you to stop drinking. This abstinence from alcohol will be a condition of your bond. Various methods are then used

New Law Makes it Easier for Michigan Drivers to Avoid a Drunk Driving Arrest

  • September 2nd, 2016
  • baronefirm
  • DUI StopsDUI Enforcement

On September 8, 2015, Governor Snyder signed into law House Bill 4193, making it easier for Michigan drivers to avoid a DUI arrest. According to the new law, during a traffic stop you may now show a police officer an electronic proof of insurance on your phone.  This electronic proof of insurance would be considered prima facie

Feds Spend 800K to Shame Judges and Drunk Drivers on Twitter!

  • September 2nd, 2016
  • baronefirm
  • DUI EnforcementDUI Penalties

The brilliance of our founding fathers was to create a system with three co-equal branches of government.  The police who arrest drunk drivers are members of the executive branch of government.  They enforce the laws written by the legislators.  Judges are of course members of the judiciary, and their job, in part, is to hold

New Technology Promises to End Drunk Driving in Michigan

  • September 2nd, 2016
  • baronefirm
  • DUI EnforcementBreath Testing

A recent USA Today article describes two different technologies that promise to end the occurrence of drunk driving in Michigan within 5 to 8 years.  These include a breath monitoring system that does not require the driver to breathe into a tube, and a sort of fingerprint monitor that measures alcohol through the skin. The

Can Brain Waives Reveal if You’re Guilty of Drunk Driving in Michigan?

  • September 1st, 2016
  • baronefirm
  • DUI Enforcement

The AP Forensic Science Laboratory, located in India, has begun experimenting with “brain wave finger prints” that may someday be able to determine if you’ve committed a crime, including drunk driving. According to the Deccan Chronical: In brainwave fingerprinting a patented headgear will be put on the head with sensors to read brainwaves.  A suspect

  • 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.”
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