Breath Testing

Bad Breath Can Cause Inaccurate Alcohol Breath Test

Published on: July 29, 2023 | by Patrick Barone

The science shows that the way you blow into an alcohol breath test instrument can significantly impact the test results. Thus, the difference between innocent and guilty can be a simple as bad breath.

Barone-1-1-300x278 Breathing patterns can significantly affect the accuracy of alcohol breath test results when using infrared breath test instruments. These instruments, including the Intoxilyzer 9000, are commonly used to estimate blood alcohol concentration (BAC) based on the alcohol content in a person’s breath.

However, several factors, including breathing patterns, can introduce inaccuracies into the readings, leading to potential misinterpretations of a person’s intoxication level

Heartburn Can Falsely Raise Breath Test Results

Published on: July 28, 2023 | by Patrick Barone

If you’ve been arrested for drunk driving in Michgian, you were probably given a breath test. If you have heartburn, then the test result can be wrong, and that’s a big problem. Even a small difference in your breath test reading can be the difference between being charged and being let go.

The most serious form of of heartburn is called GERD. (Gastroesophageal Reflux Disease) This kind of heartburn can cause a falsely high reading on a breath test instrument used to measure breath or blood alcohol levels in intoxicated driving cases because of the way alcohol is metabolized and processed in the body.

Michigan just introduced a new breath test instrument called the Intoxilyzer 9000, and even though this is the latest and greatest, heartburn and GERD is still a problem that can lead to falsely high breath test results. Here’s why.

How to Pass a Breathalyzer – MI DUI Test

Published on: February 2, 2023 | by Patrick Barone

how to beat a DUI in Michigan, how to beat a breath test in Michigan There’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.

Drunk Driving Lawyer: OWI Defense Attorney Near Me

Published on: January 21, 2023 | by Patrick Barone

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.

Should I Refuse the Breath Test If Stopped for DUI in Michigan?

Published on: March 29, 2022 | by Patrick Barone

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

Preparing for Court When Pleading Guilty

Published on: March 25, 2022 | by Patrick Barone

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.

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

Early Discharge on Probation for an Operating While Intoxicated in Michigan

Published on: March 8, 2022 | by Michael Boyle

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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.

Bond Violation Show Cause Hearings in Michigan

Published on: March 4, 2022 | by Barone Defense Firm

In a criminal case, after your arrest but before your conviction or acquittal, you will be on bond. There are several discretionary terms and conditions of pretrial release, and these will be determined during your first court appearance the arraignment. 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.

Bond Violations are Considered Contempt of Court

Michigan’s Super Drunk Driving Law and Penalties

Published on: January 1, 2022 | by Patrick Barone

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 Won’t Be What You Think

Published on: January 1, 2022 | by Patrick Barone

infrastructure bill breathalyzer, Patrick Barone, DUI lawyers near me President 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.