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Detailed Biography of Attorney Patrick Barone

Principal attorney and Barone Defense Firm founder Patrick T. Barone is among the most experienced and well-respected DUI/OWI defense attorneys in the state of Michigan. His impressive record of case wins, published works, teaching experience, and client and peer reviews have cemented his esteemed position in the legal community.

After beginning his legal career handling medical malpractice cases, Mr. Barone decided to open his own criminal defense firm and eventually narrowed his practice to focus solely on drunk and drugged driving defense. His passion for helping accused citizens and holistic approach to helping clients win back their lives have led to his firm’s success.

Mr. Barone is the co-author of two books on DUI-related issues, including Defending Drinking Drivers (James Publishing) a well-known and highly respected multi-volume national legal treatise, and “The DUI Book – A Citizen’s Handbook on Fighting a Drunk Driving Charge.” Mr. Barone is also the executive editor of The DWI Journal, Law & Science, a nationally circulated legal periodical dedicated to improving the success rate of defense attorneys in drunk driving cases.

Mr. Barone has a sterling reputation among his clients and peers. US News & World Report has ranked him among America’s Best Lawyers and has named The Barone Defense Firm as one of America’s Best Law Firms. He enjoys a perfect rating on AVVO—the premiere client- and peer-rating site—and has been given a rating of “Seriously Outstanding” by SuperLawyers. Martindale-Hubbell has awarded Mr. Barone an AV rating, the highest achievable in the legal field.

Detailed Biography

Attorney, author, and consultant – Patrick T. Barone has been defending drinking drivers since 1992. He is the principal and founding member of the Barone Defense Firm. The firm specializes in handling the defense of OWI cases throughout Michigan.

Mr. Barone is the author of two books on the topic of defending drinking drivers and has written many articles that have been published in some of the Nation’s top legal periodicals. Mr. Barone was recently appointed to be one of only three moderators for a DUI listserve for Michigan OWI lawyers. He also participates in a National DUI listserve. Both organizations are populated with the top DUI defense lawyers and is a place for these top DUI lawyers to share ideas and information.

Mr. Barone is an Adjunct Professor at the Thomas M. Cooley Law School where he teaches a course entitled “Drunk Driving Practice.” This is believed to the only dedicated drunk driving course offered at any law school anywhere in the United States. The course combines criminal law, constitutional law, and forensic science into one course, and course topics include the science involved in drunk driving, such as alcohol metabolism, breath and blood testing, and field sobriety testing. Students also have the opportunity to apply what they learn in a mock trial at the end of the semester.

Mr. Barone was also recently unanimously nominated by the Board of Regents for the National College for DUI Defense to the position of sustaining member. He is also a member of the National Association for Criminal Defense Lawyers, the Criminal Defense Lawyers of Michigan, and the Criminal Law Section of the Michigan State Bar Association.

Additionally, Mr. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests in accordance with the standards set forth by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA). This affords him the ability to excel in both the review of your OWI case as well as in the defense of drinking drivers generally.

He has also attended a 24-hour certification course at National Patent Corporation (the manufacturer of the DataMaster). Consequently, he has been deemed competent by the manufacturer to operate, perform essential diagnostic verifications and calibration checks on the BAC DataMaster, Michigan’s breath test machine. Few lawyers have this training, and this allows Mr. Barone to point out flaws in breath test results. This skill is necessary in order to beat both the OUIL and UBAL aspects of your pending Michigan drunk driving case.

Drunk driving is called OWI in Michigan, but it is also known as DUI / DWI / OUIL / UBAL and OUID. All of these acronyms are just different ways of referring to the criminal charge of Drunk Driving, and the Barone Defense Firm defends these cases exclusively.


Publications

DWI Journal: Law & Science, Publishers: Whitaker Newsletters, Inc.

The DWI Journal: Law & Science is published monthly, and is written for and subscribed to by attorneys who are determined to win their client’s DWI cases. The Journal’s editorial board includes many of America ‘s leading attorneys and forensic scientists practicing in the DWI field today.

The DWI Journal: Law & Science is the only publication of its kind and it is dedicated to improving the success rate of defense attorneys in drunk driving cases. Because of this the National College for DUI Defense recommends that it be read and studied by all attorneys from every state who wish to sit for their DWI certification exam.

Mr. Barone began as the Executive Editor of the DWI Journal: Law & Science with the December 2006 issue, and replaced the interim editor, Mr. William C. Head of Atlanta , Georgia who was named to the position in 2006. Previously, the DWI Journal: Law & Science had been edited since 1986 by Providence , Rhode Island attorney John A. Tarantino.

Persons interested in subscribing to the DWI Journal: Law & Science should send an email to: subscriptions@dwijournal.com.

Defending Drinking Drivers, Publisher: James Publishing – Published Date: 10/01/1986 – Hardcover.

After a national search by the publisher, Mr. Barone was selected as the new author of this well-known and very well respected legal treatise. He has been the new author with the publication of the 2006 supplement. The work’s previous author, John A. Tarantino is known throughout the country as one of the nation’s true champion’s of the drunk driving accused.

This two-volume treatise provides expert advice to attorneys handling the defense of the drinking driver. Every phase of drunk-driving litigation is addressed including pretrials and motions, voir dire and jury selection, opening statements, cross-examination techniques and the presentation of the defense case and summation. Post-conviction matters are also addressed including sentencing.

A significant portion of the treatise covers the science of alcohol, including the absorption, distribution and elimination of alcohol in the human body. Breath and blood testing are also extensively covered.

This remarkable treatise extensively covers the tactics, motions, and national case law attorneys need to develop a winning strategy.

The DUI Book,  – Hardcover. Read the press release.

Unlike the legal treatise “Defending Drinking Drivers” which was written as a research and reference tool for lawyers, The DUI Book was written for the DUI accused. In fact, The DUI Book is the first book of its kind to comprehensively cover the topic of drunk driving from the perspective of the drunk driving accused. The DUI Book is easy to read, and should quickly become the indispensable handbook for those accused of drunk driving.

Mr. Barone has written the Michigan supplement for this work, and the principal text was written by Mr. William C. Head of Atlanta, Georgia. Mr. Head has been called the Nation’s top DUI defense lawyer, and Mr. Barone was specifically chosen by him to co-author The DUI Book.

Read what others have to say about The DUI Book.


Articles

The Brave New World of DUI Defense, DWI Journal, Law and Science, Vol. 22, No. 6, June, 2007.

Asking the Jury for Justice, DWI Journal, Law and Science, Vol. 22, No. 5, May, 2007.

DUI Discovery and the “126-Day” Rule: A Defense Attorney’s Perspective, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 7, April, 2007.

New Breath Testing Rules Offer Accused Less Protection Against Unreliable Evidence, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 8, May, 2007

Persuading Juries Using the Six Principles of Influence, DWI Journal, Law and Science, Vol. 22, No. 4, April, 2007. Using Your Client’s

Disability to Cripple the State’s Case, DWI Journal, Law and Science, Vol. 22, No. 3, March, 2007.

Serum Blood Defenses in DUI Cases: Why Serum Doesn’t Tell the “Whole” Story, DWI Journal, Law and Science, Vol. 22, No. 2, February, 2007.

Heidi’s Law Removes 10Year Look-Back for Felony Drunk Driving,  SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 5, February, 2007

Representing the Out of State Driver, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 4, January, 2007

Using Common Metaphors and Analogies to Win at Trial, DWI Journal, Law and Science, Vol. 22, No. 1, January, 2007.

Crafting Winning Arguments for Your Next OWI Trial, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 3, December, 2006.

Does Anstey Suggest an Expanded Role for Michigan’s DUI Juries?, CDAM The Right to Counsel, Vol. 13, No. 3, Fall 2006.

False Positives or Faulty Science – SCRAM Strikes Back, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 2, November 2006.

“Get Your Program Here” DUI Breath Tests, Computers, and Dismissals – Part IIFor The Defense, (The Bi-Monthly Publication of Tennessee Association of Criminal Defense Lawyers), co-authored with Tennessee attorney Paul E. Lewis, Volume 21, Number 4, August – September 2006.

DUI Boating Offenses in Michigan: Which Defenses Might Float? Michigan Beverage Institute Journal, Vol. 23, Issue 8, August, 2006

“Get Your Program Here” DUI Breath Tests, Computers, and Dismissals – Part IFor The Defense, (The Bi-Monthly Publication of Tennessee Association of Criminal Defense Lawyers), co-authored with Tennessee attorney Paul E. Lewis, Volume 21, Number 4, June – July 2006.

Source Code Defenses: Taking the ‘Byte’ Out of Breath Testing, (Part Two of Two), DWI Journal, Law and Science, Volume 21, No. 7, July 2006.

Source Code Defenses: Taking the ‘Byte’ Out of Breath Testing, (Part One of Two), DWI Journal, Law and Science, Volume 21, No. 6, June 2006.

Why the Greenfield Opinion is a “Brown Field” for DUI DefendantsCriminal Defense Newsletter, Volume 29, No. 10, July 2006.

The Sauce on Source Codes: Obtaining DUI Dismissals from Software Non-Disclosures, Michigan Beverage Institute Journal, Vol. 23, Issue 5, May, 2006

Justice Delayed is Justice Denied: Due Process Violations in SCRAM Cases, DWI Journal, Law and Science, Vol 21, No. 4, April 2006.

Unlocking the Mystery Behind Breath Testing: The Right of Access to Source Codes, 20 Michigan Lawyer’s Weekly 714 (April 17, 2006).

Michigan’s Drinking Drivers Denied Justice when the Supreme Court Places Speed Above Due Process, The Right To Counsel, Vol. 12, No. 5, pp 11, 19, Winter 2005-2006.

“Keeping Retrograde Extrapolation Out of Your Next OWI Trial, The Right To Counsel, Vol. 12, No. 3, pp 13, Fall 2005.

Understanding Modern Drunk Driving Law Enforcement, A Laymen’s Primer on Standardized Field Sobriety TestingMichigan Beverage Institute Journal, Vol. 22, Issue 10, October 2005

Do “Standardized” Field Sobriety Tests Reliably Predict Intoxication?, Michigan Bar Journal, Volume 84, No. 7, July 2005.

DWI – Alcohol Monitoring Bracelets: Junk Science or Important Scientific Breakthrough?, The National Association of Criminal Defense Attorneys Champion, Vol. 29, No. 4, pg 41-44 (May 2005).

Using the Confrontation Clause to Win DUI Cases, Illinois State Bar Association’s Traffic Laws & Courts, Vol. 14, No. 2 (January 2005).

Examining Michigan’s New MIP Law, Michigan Beverage Institute Journal, Vol. 21, Issue 9, September, 2004.

Crawford Objections in DUI Cases: Paper Won’t Cut it Anymore, The Right To Counsel, Vol. 10, No. 3, pp 8-11, Fall 2004.

Using PowerPoint to Prove Your Point at Trial, Illinois State Bar Association’s Tort Trends, Vol. 39, No. 6, June 2004.

Michigan’s New .08 Law Tightens Noose Around Drinking Drivers, Michigan Beverage Institute Journal, Vol. 21, Issue 5, May 2004

Losing Blood and Liberty on America’s Highways: A Case Review, Criminal Defense Newsletter, Volume 27, No. 8, May 2004.

08 and Other Changes: 2003 Changes to Michigan’s Drunk Driving Laws, Michigan Bar Journal, Volume 83, No. 2, February 2004.

Understanding Quantitative Blood Alcohol Testing in Drunk Driving Cases, Michigan Bar Journal, Volume 82, No. 8, August 2003.


Lectures

Drunk Driving Update – 2007 Bench/Bar Conference, by invitation of the Oakland County Bar Association, April 20, 2007.

Panel Presentation – Validity of Breathalyzer and Michigan Case Law Update, by invitation of the Michigan License Beverage Association, September 18, 2006.

DUI-DWI Seminar, Summer 2006, by invitation of Legal Brand Marketing and presented in Los Angeles, California, August 26, 2006.

Drunk Driving Defense ­ Standardized Field Sobriety Testing, by invitation of the Detroit/Wayne County Criminal Advocacy Program, and presented in Detroit on October 7, 2005.

Defending the Drunk Driving Case with Blood Intoxication Evidence, Sponsored by Lorman Education Services, and presented in Detroit on July 25, 2003.

Felony Driving Issues, Sponsored by the Detroit / Wayne County Criminal Advocacy Program, and presented in Detroit on October 10, 2003.

Bottlenecking the Prosecution in a DUI Case: What Every Citizen Should Know if They are Pulled Over, Sponsored by the Michigan Licensed Beverage Association and presented in Kalamazoo, Michigan, on October 4, 2004.

Drug Recognition Testimony: Don’t Let Your Client Get “Fryed” by an Unqualified Expert, Sponsored by Lorman Education Services, and presented in Detroit as part of the Strategies in Handling OWI and OUID Cases in Michigan professional seminar, on October 29, 2004.

New Tips, Tricks and Trends in Drinking & Driving Litigation, Sponsored by the Oakland County Bar Association, and presented in Pontiac as part of the 2nd Annual State of the Law Day, October 29, 2004.


Television/Media Appearances & Press References

Problem Solvers: Reliability of SCRAM Bracelets Questioned, Kerry Birmingham, Fox 2 News, DetroitMay 9, 2007

Warren Pierce ShowWJR AM Radio, November 26, 2006.

Battle brews over gadget to curb drunken driving, Laura Berman, Detroit News, November 21, 2006.

No dismissal for drunk driving defendants denied independent chemical tests, as reported in: 20 Michigan Lawyer’s Weekly, No. 39, August 14, 2006.

National effort targets drunk drivers, as reported in the following News Papers:  Detroit Free PressThe Mercury News and Lexington Herald Leader (Kentucky). “Defendant’s will need ‘good cause’ to discover booking video under MCR 6.201”, as reported in: 20 Michigan Lawyer’s Weekly, No. 29, June 5, 2006.Barone authors top drunk driving defense treatise, as reported in: 20 Michigan Lawyer’s Weekly, 631, March 27, 2006.

Channel 4, WDIV, Paula Tutman’s pre-Saint Patrick’s Day report on drunk driving, March 16, 2006.

Radio Free Ann Arbor, WCBN, 88.3 FM, special guest for the Charmie Gholson Show explaining Michigan’s Operating Under the Influence of Drugs Laws, March 9, 2006.

Cost of drunken driving is very steep, The Daily Oakland Press, August 15, 2005

In the Jury Room, Justice Isn’t Easy, The Detroit News, August 7, 2005

Bracelet squeals on drinkers, Device helps enforce sobriety for courts, Milwaukee Journal Sentinel, July 3, 2005.

Practical Law, Cable Channel 15 : Guest Appearance to Discuss DUI Defense Tactics, June 2004

Press References for The DUI Book

Director’s Dialogue – Michigan License Beverage Association, Vol. 23, No. 12, December 2006.

Off the Press – Detroit Legal News, Tuesday, December 28, 2006

New Drunk Driving Book Called First of its Kind, CDAM, The Right to Counsel, Vol. 13, No. 3, Fall 2006.


Special Awards/Expert Qualifications

Best Lawyers in Metro Detroit – 2009 – Crains Detroit Business

Dui-Help.com – 2006 Award of Excellence

Expert Witness – Police Officers’ Field Sobriety Testing Protocols, Mr. Barone was recently qualified as a court expert thus allowing him to testify before a jury regarding issues relating to standardized and non-standardized field sobriety tests and DUI detection procedures. He is believed to be the only attorney in Michigan who has been so qualified.


Professional Memberships & Activities

Member of Association of Trial Lawyers of America.

Member of the Michigan Bar Association since 1991;

Member of the Illinois Bar Association since 1992;

Member of the Michigan State Bar Association’s Criminal Law Section;

Sustaining Member of the National College of DUI Defense;

Member of National Association of Criminal Defense Lawyers;

Served by special appointment to the Circuit Court Committee / Oakland County Bar Assn 1991 – 1999;

Prior Roster Attorney, Michigan Appellate Assigned Counsel System, and;

Prior Mentor, Oakland County Circuit Court Criminal Assigned Counsel System.


Education

Juris Doctor, 1991, Detroit College of Law at Michigan State University

Clerkship: Full time position with the Honorable Richard D. Kuhn, Oakland County Circuit Court,1988-1991. Assisted the Judge and Staff Attorney in the research and analysis of cases presented for motion call and then prepared drafts of the Court’s final opinions and orders; administered the Court’s civil and criminal dockets; supervised junior clerk; reviewed submitted proposed orders prior to Judge’s signature.

Internship: With the Honorable John N. O’Brien, Oakland County Circuit Court, summer term, 1990. Assisted Judge O’Brien in the research and analysis of a variety of legal issues and prepared pre-motion memoranda for the Court’s use.

B.S. Biology, 1987 Oakland University, Rochester, MI


Advanced Level Training Programs

National College for DUI Defense, 2007 Summer Session, July 18-21, 2007, Harvard Law School, Cambridge, MA.

NHTSA/IACP Standardized Field Sobriety Testing Practitioner Certification Course, Presented in conjunction with Michigan DUI Lawyer’s Association, Conducted on June 22-24, 2007, Romulus, Michigan.

Mastering Scientific Evidence in DUI/DWI Cases, Sponsored by Texas Criminal Defense Lawyer’s Association and the National College for DUI Defense, Dallas, Texas, April 19 – 21, 2007 (via DVD).

National College for DUI Defense, 2007 Winter Session, Tucson, Arizona,  January 18-20, 2007.

DWI Means Defend With Ingenuity, Making Over Your DUI Practice, co-sponsored by NACDL/NCDD and presented in Las Vegas, October 12-14, 2006 (by digital audio).

National College for DUI Defense, Summer Trial College, July 19-22, 2006, Harvard Law School, Cambridge, MA

Mastering Scientific Evidence in DUI/DWI Cases, Sponsored by Texas Criminal Defense Lawyer’s Association and the National College for DUI Defense, Dallas, Texas, March 30 – April 1, 2006 (via DVD).

The Moment of Change, Intervention, sponsored by Foundations Associates and presented in Santa Monica, California, February 20-22, 2006.

Practice Makes Perfect: The Art of Perfecting DUI Defense, National College for DUI Defense, 2006 Winter Session, January 20-22, 2006.

Under the Microscope: Beating DUIs with Science, co-sponsored by NACDL/NCDD and presented in Las Vegas September 29 ­ October 1, 2005.

Mastering Scientific Evidence in DUI/DWI Cases, Sponsored by Texas Criminal Defense Lawyer’s Association and the National College for DUI Defense, Dallas, Texas, April 28 – 30, 2005 (via DVD).

BAC DataMaster and Basic Science of Evidential Breath Alcohol Testing, Sponsored by National Patent Laboratories and held February 10-12, 2005.

National College for DUI Defense, 2005 Winter Session, “Duty, Honor & Success”, January 20-22, 2005.

DWI Means Defend With Ingenuity, Presenting a Gold Medal Defense, NACDL/NCDD 2004 DUI Seminar, via digital audio.

National College for DUI Defense, 2004 Summer Session, July 21-24, 2004, Harvard Law School, Cambridge, MA

NHTSA/IACP Standardized Field Sobriety Testing Instructor Certification Course, Conducted on March 9-13, 2004, Atlanta Georgia.

NHTSA/IACP Standardized Field Sobriety Testing Practitioner Certification Course, Conducted on January 16-18 2004, Atlanta Georgia.

DWI Means Defend With Ingenuity, Superheroes of DUI Defense, NACDL/NCDD 2003 DUI Seminar, via audiotape.

National College for DUI Defense, 2005 Summer Session, July 20-24, 2003, Harvard Law School, Cambridge, MA.

Mastering Scientific Evidence in DUI/DWI Cases, sponsored by Headlines Marketing and the National College for DUI Defense, Atlanta, Georgia, April 10 – 12, 2003.

7th Annual NACDL DUI Seminar – DWI Means “Defend With Ingenuity: Superheros of DUI Defense”, presented in Las Vegas October 16 – 18, 2003 (by digital audio).

DWI Means Defend With Ingenuity, Skills That Win Cases: NACDL/NCDD 2002 DUI Seminar, via audiotape.

5th Annual NACDL DUI Seminar – DWI Means “Defend With Ingenuity”, presented in Las Vegas October 4 – 6, 2001 (by digital audio).

Drunk Driving Defense Update, 2001: via audiotape, sponsored by the Sponsored by Institute of Continuing Legal Education.

Criminal Procedure and Practice, 2001: via audiotape, sponsored by the Sponsored by Institute of Continuing Legal Education.

OUIL 3rd and Repeat Offender Statues After One Year: presented by the Oakland County Bar Association, November 21, 2000.

Drunk Driving Defense Update 2000: Sponsored by Institute of Continuing Legal Education, September 29, 2000.

Preserving Federal Appellate Issues at the Trial Court Level: Sponsored by Oakland County Bar Assn., September 19, 2000.

Child Abuse Cases: Specifically Shaken Baby: Sponsored by Oakland County Bar Assn., July 18, 2000.

College on Problems of Drug Dependence, 62nd Annual Scientific Meeting, San Juan, Puerto Rico, June 17-22, 2000.

The Defense of Entrapment and the Use of Confidential Informants: Sponsored by Oakland County Bar Assn. with Judge Wendy Potts of the Oakland County Circuit Court presenting, May 15, 2000.

Difficult DUI’s & Tragic Consequences, NACDL/NCDD DUI Seminar presented in Las Vegas, Nevada, 2000, via digital audio.

DWI Means “Defend with Ingenuity,” NACDL/NCDD DUI Seminar presented in Las Vegas, Nevada,1999 via digital audio.

Sentencing Guidelines: Sponsored by Oakland County Bar Assn., December 21, 1999.

Polygraphs and Datamasters: Sponsored by Institute of Continuing Legal Education, December 3, 1999.

U.S. Supreme Court Criminal Law Update: Sponsored by Criminal Advocacy Program of Wayne County, December 3, 1999.

Legal Research using the Internet: Sponsored by the State Appellate Defender Office, November 18, 1999.

Conduct of Criminal Trials: Sponsored by Oakland County Bar Assn., November 16, 1999.

Serology and DNA Evidence: Sponsored by Criminal Advocacy Program of Wayne County, November 12, 1999.

Bring Your Case to Life for Judges and Juries: Winning Ways to Use Demonstrative Evidence: Sponsored by Criminal Advocacy Program of Wayne County, October 22, 1999.

Rules of Evidence: Sponsored by Oakland County Bar Assn. with Judge Jessica R. Cooper of Oakland County Circuit Court presenting, October 19, 1999.

Handling the Waived-Juvenile Case: Sponsored by Criminal Advocacy Program of Wayne County, October 15, 1999.

1999 Drunk Driving Defense Update: via audiotape of Institute of Continuing Legal Education seminar offered October 12, 1999.

Pretrial Motions in Criminal Law: Sponsored by Oakland County Bar Assn. with Judge Steven Andrews of Oakland County Circuit Court presenting, June 15, 1999.

Preliminary Examinations: Sponsored by Oakland County Bar Assn. with Judge Brian MacKenzie of the Novi District Court presenting, April 20, 1999.

The Ultimate, in DUI Defense, Mastering Science, Maximizing Success NACDL/NCDD DUI Seminar presented in Las Vegas, Nevada,1998, via digital audio.

Michigan Sentencing Guidelines: Issues, Strategy and Challenges: Sponsored by Oakland County Bar Assn, November 18, 1998.

Advanced Criminal Defense Practice Conference: Traverse City, Michigan, November 6, 7, 8 1998.

1998 Drunk Driving Defense Update: Institute of Continuing Legal Education, September 11, 1998 (afternoon seminar).

Trying the Drunk Driving Case: Institute of Continuing Legal Education, September 11, 1998 (morning seminar).

Defending DUI Cases: Insights from the Masters, co-sponsored by NACDL/NCDD and presented in Las Vegas Nevada 1997. (via digital audio).

Michigan Appellate Advocacy/Orientation: Sponsored by the State Appellate Defender Office, November 2, 3 1994.