Blood Testing

Five Reasons Retrograde Extrapolation Should Not Be Allowed In DUI Cases

Published on: September 2, 2016 | by Patrick Barone

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 driving was higher than at the time of the test.

This practice is very common in OWI Causing Death cases because the blood evidence is usually several hours old.

Legal Alcohol Driving Limit

Published on: September 2, 2016 | by Patrick Barone

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 your blood is taken by law enforcement the purpose is to test if for alcohol or drugs. DUI cases involving blood are considered by most DUI lawyers to be more difficult to defend because blood test results are considered to be a more reliable.

Are Jail DUI Blood Draws Valid?

Published on: September 2, 2016 | by Patrick Barone

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 a person to come to the jail to draw the blood. Is the jail a medical environment? Common sense would suggest that it is not, but many courts have ruled that the jail is in fact a medical environment. However, this is not necessarily always true. If you were arrested in Michigan for DUI and your blood was drawn in jail, the results may not be valid.

A California case recently addressed a similar issue. In this case, which involved six separate cases that were consolidated, each defendant was arrested for driving under the influence, after which each was advised by the arresting officer that under California’s implied consent law he/she was required to take one of two chemical tests. All defendants opted for a blood test and were transported to either a facility or, in one case to a hospital, to have their blood drawn. The California court found as follows:

Are Breath or Blood Tests in DUI Cases Ever Wrong?

Published on: September 1, 2016 | by Patrick Barone

How to Beat a DUI in Michigan

If you are facing drunk driving charges in Michigan, you might wonder if it is even possible to beat a DUI charge. The best defense attorneys know that the answer to this question is an enthusiastic yes!

Facing a DUI/OWI is never fun. The penalties can be severe, and include loss of driving privileges and even jail time. OWI charges are very hard to win, and if you’re serious about how to dismiss a DUI charge, then you’ll need to hire a top Michigan OWI Lawyer.