Barone Defense Firm Partner and Senior Trial Attorney Michael J. Boyle recently was one of the guest presenters at the Criminal Defense Attorneys of Michigan (CDAM) Fall Conference at Boyne Mountain. The annual seminar was attended by hundreds of criminal defense attorneys from throughout the State of Michigan. CDAM is…
According to science, breath alcohol tests in DUI cases can be as much as 230 percent higher than corresponding blood tests. Because blood transports consumed beverage alcohol from the stomach to the brain where it can reach sufficient levels to cause impairment, a person’s blood alcohol level is what really…
In some drunk driving cases you will immediately know that charges are being filed. For example, there was a traffic stop, field sobriety tests and a preliminary breath test (PBT), an arrest, and a subsequent breath test at the police station. Then, when you leave the police station you’ll have…
Driving under the influence (DUI), or in Michigan Operating While Intoxicated (OWI), is usually charged using a breath test result. However, due to the recently discovered breath testing fraud, more often Michigan DUI cases are charged using a blood test result. Breath test results are available immediately after the test…
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. Wisconsin and the State Court’s opinion is found…
Generally, when a person drinks on an empty stomach they will reach a higher blood alcohol concentration more quickly, and this higher concentration will last longer, then if the same amount of alcohol is consumed on a full stomach. This is one reason some people get charged with drunk driving…
President Trump’s Department of Justice has proposed a new Office of Forensic Science and Forensic Science Board within the DOJ. This new board would have governing authority over all of Michigan’s forensic labs, including the Toxicology lab located in Lansing. Nearly all drivers arrested for intoxicated driving and subjected to…
The Michigan State Police have announced that as many as 4,000 alcohol blood tests are flawed due to improper calibration. This means that as many as 4000 people arrested for drunk driving in Michigan could be wrongly convicted of a crime they did not commit. Here’s how the system works:…
If you were arrested for drunk driving in Michigan, then you were probably asked to take either a breath or a blood test. Michigan DUI laws require that such blood draws be performed in a “medical environment.” This term is not defined. In some Michigan municipalities the police will summon…
I have written previously in this blog about the unreliability of retrograde extrapolation in drunk driving cases. This is an important topic because state experts in drunk driving cases often will come into court and try to convince the jury that the driver’s blood alcohol at the time of the…