Category:DUI

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

Must the Police Observe me for 15 Minutes Before my Breath Test?

  • February 24th, 2017
  • Patrick Barone
  • OWIDUI

The breath testing administrative rules in Michigan do require that the police observe you continuously for at least 15 minutes before you provide your first breath sample.  However, based on the case law discussed below, in this context the words “observe” and “continuously” are not as simple as they may seem.  Also, even if the

What it Means to “Operate” a Vehicle In the Context of a Michigan DUI Charge

  • February 16th, 2017
  • Patrick Barone
  • OWIDUI TrialsDUI

In some situations, the police can charge you with drunk driving in Michigan even if the police never saw you driving your car.  However, the legal analysis in these cases is very fact specific, and the law is quite complex.  In some situations, courts have upheld convictions when the police never saw anyone operating the

What is the Difference Between a Question of Law and a Question of Fact?

  • January 31st, 2017
  • Patrick Barone
  • DUI TrialsDUI

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 intoxicated driving. As with any other crime in Michigan, if you

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

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

Michigan OWI Attorneys to Host Annual OWI Defense Seminar this Weekend!

  • November 15th, 2016
  • Patrick Barone
  • OWIDUI

The Michigan association of OWI Attorneys (MIAOWIA) will be hosting its biannual OWI defense seminar this coming weekend in Detroit, Michigan. The MIAOWIA is dedicated to raising the level of OWI advocacy in the State of Michigan.  In this regard, the association hosts two seminars each year, one in the spring and one in the

Operating Under the Influence of Herbs Other Than Marijuana

  • January 5th, 2013
  • baronefirm
  • DUI Drug ChargesDUI

In Michigan, there is no legal difference between driving under influence of ginseng and many other herbs and driving under the influence of alcohol.  Why?  Because according to Michigan’s OWI laws, intoxication can be proved by showing the presence in your body of any substance, preparation, or a combination of substances and preparations other than

What’s the Difference Between DUI and OWI in Michigan?

  • October 4th, 2016
  • Patrick Barone
  • OWIDUI

Both DUI and OWI are acronym’s for drunk driving. DUI means Driving Under the Influence whereas OWI means Operating While Intoxicated.  DWI is another acronym that was once commonly used, and this one means Driving While Intoxicated. In Michigan the proper legal acronym is OWI, but DUI is still used as a more general reference

  • 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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