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…
Many drunk driving cases in Michigan and elsewhere rise and fall on the testimony of experts. This is because the rules of evidence provide that only expert witnesses can offer their opinion at trial. Was the breath or blood test reliable? Only an expert can answer that question. A police…
If you have been arrested in Michigan for drunk driving, then the police officer may have administered an eye test called the “horizontal gaze nystagmus” or HGN test. If so, then the results of this test were probably used as part of the probable cause forming the basis of your…
The lynchpin of Michigan drunk driving prosecution is a reliable breath testing program. Prosecutors have big problems when this reliability is legitimately called into question. This is exactly what has happened recently in Texas where it is reported that between 1200 and 4000 breath tests were fraudulently verified. According to…
Michigan law provides that drivers convicted of drunk driving can have their cars forfeited. This means that upon conviction the state can take the convicted drunk driver’s car. In those cases where the car was used without the permission or knowledge of the owner the “innocent owner” defense would apply. …
To help make up for lost revenue, more Michigan counties are seeing forfeiture of the cars driven by people arrested for DUI. Will yours be next? If the Oakland County Prosecutor has her way, then the answer may well be “yes.” Jessica Cooper has instructed her prosecutors to seek forfeiture…
Your Michigan DUI will prosecuted by a lawyer who is supposed to be interested in one thing – to be sure that justice is done. That means that if the prosecutor knows of something that shows you are not guilty of a Michigan DUI, then he/she is supposed to let…
If you’ve been arrested in Michigan for drunk driving then there is an excellent chance that you were asked to take a breath test. If that breath test result was above .08, then the state can use this as the only evidence needed to prove that you had an unlawful…
Any DUI lawyer who has handled more than a couple dozen Michigan drunk driving cases knows that it is important to know how much alcohol was consumed and how this amount of alcohol impacted his client’s blood-alcohol level at the time he or she was driving. But the driver’s roadside…
Blood Test Drunk Driving | Michigan DUI Attorney When investigating a possible case of driving under the influence, the police may ask you for a sample of your breath or blood. Breath testing remains the most common type of chemical testing, but DUI blood tests are becoming more common. If…