Category:DUI Trials

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

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

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

Michigan Saliva Drug Test Program Delayed Until Spring

  • December 20th, 2016
  • Patrick Barone
  • OWIDUI Drug ChargesDUI Trials

Michigan passed a law such that beginning in September 2016 police were going to start testing a salvia drug swab.  Apparently, however, the technology has not caught up with the law, and so, according to Mlive, the program is being delayed.  An MSP spokesperson said the program isn’t likely to get started now until spring

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

Michigan Court Rules Preliminary Breath Test Results Admissible For Crimes Other Than DUIs

  • September 27th, 2016
  • Patrick Barone
  • Breath TestingDUI Trials

Even before you are arrested, the police in Michigan can often conduct a search of your breath using a portable or preliminary breath test device.  The purpose of these tests is to determine how much alcohol is in your body.  However, these portable breath testers have significant limitations relative to the reliability of the results

Drunk Driving Operation Can be Proven by Driver’s Admission to Police

  • September 15th, 2016
  • Patrick Barone
  • DUI Trials

The Michigan Court of Appeals has recently held that a driver’s admission to drinking too much and trying to drive from the bar were admissible against her to establish the element of operation. As prosecutors often say in their opening/closing arguments, a crime is made up of parts called elements. In order to prove a

48th District Court Judge in Bloomfield Hills, Michigan Finds Prejudice when Drunk Driving Case Set for Trial Then Dismissed

  • September 12th, 2016
  • Patrick Barone
  • DUI Trials

The Barone Defense Firm recently handled a drunk driving case in Bloomfield Hills 48th District Court.  The case involved a person who was stopped for weaving and running a red light.  According to the police officer, this driver failed the field sobriety tests, and was arrested.  He later had his blood drawn, and the result

7 Mistakes Lawyers Make in DUI Plea Bargaining

  • September 2nd, 2016
  • baronefirm
  • DUI Trials

A recent article that appeared in the Champion Magazine suggests that there are 7 rules to plea negotiations in DUI (criminal) cases.  This is an interesting article because many lawyers who “specialize” in defending Michigan DUI cases fail to follow these 7 rules. If you’ve been arrested for DUI in Michigan, make sure your lawyer

  • 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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