Articles Posted in Breath Testing

how to beat a DUI in Michigan, how to beat a breath test in MichiganThere’s a secret that law enforcement don’t want you to know about breath testing. A secret so good, that once you know it, you can pass a breathalyzer test every time. As you will see, beating a breathalyzer is easy, no matter the amount of alcohol in your system. It’s all about breathing patterns. And this little secret shows how bad breathalyzers really are a measuring blood alcohol content (BAC) levels.

This method will work with an interlock device too, but not if you’re on probation and the court wants to know if you drink any alcohol. This method only works when you’re trying to beat the legal limit. If you find yourself in this situation at the moment immediately call the Michigan lawyers near me who handle DUI.

But before you can understand why this secret works, it’s important to understand a little bit about BAC readings (breath or bodily alcohol level), breath samples, breath testing, and the science behind how it’s supposed to work.

This page on DUI defense law in the State of Michigan discusses OWI charges, for a misdemeanor or felony in Michigan. The answer to “is a DUI a felony in Michigan?” is usually not. Regardless of which offense you face, your search for legal help must be limited to the top DUI lawyers in the Great Lakes State.

About 95% of all drunk driving convictions in Michigan are misdemeanors, despite a felony charge coming on a 3rd lifetime DUI case, and not the usual 4th DUI within 10 years, like most other states. Even when facing an OWI 1st offense, every person needs to limit her or his search to only the exceptionally good DUI lawyers near me.

How serious is driving while intoxicated? Being arrested for a drunk driving offense is an unexpected and often traumatic experience.

A recent news report outlines some of the circumstances surrounding the arrest of Michigan Democratic state Rep. Mary Cavanagh of Redford, and as true with many media outlet stories it seeks more shock than substance.  To help elaborate on substance, and dispel some myths and misunderstandings about drunk driving laws, this article addresses the following three topic:

  1. A second DUI arrest does not necessarily mean enhanced DUI penalties, driver license sanctions or conviction,
  2. Being unable to stand on one leg is only a part of standard field sobriety tests, and;

Why Does Michigan’s Law of Implied Consent Exist?

The first DUI laws went in the books all the way back in the 1950s when cars where just starting to become very common. Back then, there were no breath tests, so that law enforcement tool in a DUI investigation was not available to police officers. That only happened ten years later, in the 1960s. Technology has improved a lot since then, and the law has changed too, because the law of implied consent is younger than the first breath tests. Back in the “olden days” people could refuse a breath test in a drunk driving case without an possible sanction. That is no longer true, and today, there are serious consequences if you unreasonably refuse to to a breath test.

The Michigan Law of Implied Consent

Most of the time if you are pleading guilty it is because your lawyer has successfully engaged in plea bargaining with the prosecutor. Consequently, preparation for court when pleading guilty really begins to take place almost as soon as you first hire your lawyer. Therefore, the total preparation will take place over several weeks or months, and sometimes even years before you are set to appear in court. At a minimum the following things should have occurred before you plead guilty.

  1. You’ve reviewed all the discovery with your attorney.
  2. You’ve discussed possible defenses with your attorney.

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Early Discharge on OWI Probation in Michigan

The Michigan DUI Lawyers at the Barone Defense Firm have be advising our clients in Oakland County and throughout the State of Michigan, that if you are convicted of operating while intoxicated (OWI) then you should expect to be placed on a term of probation.

While on probation, you will have a variety of conditions of probation and these will be based in part on whatever “rehabilitative goals” are set by the Judge.

In a criminal case, after your arrest but before your conviction or acquittal, you will be on bond. There are several mandatory and many discretionary terms and conditions of bond, and these have been previously discussed. A show cause is what happens when someone does something on bond contrary to what’s been ordered.

The most common allegations of a bond violation that we see at the Barone Defense Firm related to alcohol and drug testing. Often, a client will miss a drug or alcohol test, which is the most common alleged bond violation, followed by a positive drug or alcohol test.

A bond violation is a serious matter because it is considered a contempt of court. After the court receives notice from the monitoring agency that there’s been an alleged violation, the court will issue a show cause order. The purpose of a show cause order is to require you to appear in court to show cause why you should not be held in contempt of court for violating a court order. Because the judge has ordered you to do something (test according to a set schedule), and it is alleged that you violated that order, unless you have a defense to the allegations, you will be found in contempt of court. See, e.g.,  People v Mysliwiec, 315 Mich App 414, 417 (2016).

The Michigan Eastern District Court has partially ruled in favor of a Michigan resident, finding that he does have a civil rights cause of action against the Michigan State Police (MSP) for recklessly allowing breath test evidence from faulty instruments to be used in prosecuting him. Other possible civil rights violations relating the MSP breath test program were also found. The lawsuit against Intoximeter, the corporation that services the breath test instrument used by the MSP, was however dismissed.

This case arose out of an ongoing fraud investigation in the MSP DUI breath test program the began with the discovery by a defense attorney  of some questionable 120-day inspection reports relative to his client’s DataMaster DMT breath test result. The DataMaster DMT (DMT) is an infrared evidential breath alcohol test instrument used in the prosecution of drunk driving cases throughout the State.  According to Michigan law and administrative rules each DMT instrument is to be inspected by a “class four” certified technician every 120 days. These 120-day inspections are intended to ensure that the instruments are correctly calibrated and are in good working order.

These 120-day inspections are in addition to weekly self-checks the device conducts automatically using a dry-gas simulator solution. Certain error codes can be generated during these tests that may cause the instrument to be taken out of service. If that happens the instruments can only be brought back into service after further inspection by a class four operator. Around the time of the discovery of the questionable records, the Michigan State Police (“MSP”) had begun to uncover their own cadre of suspect records.

Michigan’s Super Drunk Driving Law went into effect on October 31, 2010.  It created enhanced punitive and driver license sanctions for Michigan drunk drivers with a Bodily Alcohol Content (BAC) of .17 gerams % or above. It only applies to first offense drunk driving as penalties and driver license sanctions for second or subsequent offenses remain unchanged and more punitive than for super drunk driving. This is true even for repeat offenders with BACs at or above .17 grams %.

What Are the Penalties for High BAC Super Drunk Driving in Michigan?

The Michigan Super Drunk Driving Law adds extra penalties if your BAC is 0.17 or hgher.
Michigan drivers found or pleading guilty to a High BAC super drunk driving face an array of serious punishments and consequences, including potentially more time in jail and less time on the road.

infrastructure bill breathalyzer, Patrick Barone, DUI lawyers near mePresident Joe Biden’s Investment and Infrastructure and Jobs Act (IIJA) does require automakers to install advanced impairment detection technology, and sets a timeline for doing so. It is up to the transportation department to decide what technology to use.

As part of vehicle safety measures designed to determine if the driver may be impaired, breathalyzers are one option. But what the government really wants is something that will passively monitor the performance of the driver to identify whether that driver my be intoxicated. The highway traffic safety administration is also in favor of such technology.

In order for the technology to do it’s job it must be “advanced” and “passive.” It will be seamlessly placed into cars allowing the vehicle to accurately identify and measure driver impairment through driver performance. This anti drunk driving technology will also measure driver intoxication by analyzing the driver’s blood alcohol level. According to the National Highway Traffic Safety Organization, the monitoring systems being considered do not include ignition interlock devices.

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