DUI Defense

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 in MI

Published on: November 7, 2022 | by Barone Defense Firm

Being arrested for drunk driving is an unexpected and often traumatic experience. Individuals charged with operating while intoxicated are often stigmatized and portrayed as an irresponsible, dangerous criminal. Many arrested Michiganders think of how this will affect their driving record, but the impact of being convicted for intoxicated driving extends far beyond that trivial concern.

The truth is that an average of over 2000 people per day in America are faced with these motor vehicle drunk driving cases. Many DUI law firms claim to be the top “operating while drunk” lawyers but clearly lack the consensus legal industry credentials to back up such claims.

Plus, although the acronym used in Michigan is O.W.I., no major distinctions exist between DUI vs OWI in our state. All the best driving while Michigan lawyers handling OWI cases are aware of this.

MI DUI Penalties: 1st Offense OWVI, 2nd DUI & 3rd OWI Felony

Published on: October 29, 2022 | by Barone Defense Firm

The chart shown below provides a quick view of the various Michigan DUI penalties. A third OWI offense in your lifetime will cause a felony Michigan 3rd OWI offense, if convicted.

This infographic shows Michigan DUI conviction penalties ranging from jail time to probation, community service hours, and driver's license suspension. Even a Michigan first DUI carries harsh sentencing even though it is most likely a misdemeanor charge.
You must officially request an administrative license suspension hearing within 14 days of your arrest date to avoid having your MI driver license suspended even before your criminal drunk driving case concludes in a criminal court.. Michigan OWI lawyer Patrick Barone -can help you file this important request by the due date.
Protect Your Right to Drive! Failing to take appropriate action within fourteen (14) days after your arrest for DUI in Michigan can cause you to lose all ability to drive in the State of Michigan.

Why not let us help you demand an administrative license suspension hearing? Obtain more legal information about saving your driver’s license NOW before it’s too late, since this filing deadline cannot be extended.

What Are the Penalties for Drunk Driving in Michigan?

Published on: October 12, 2022 | by Patrick Barone

Penalties for DUI in Michigan, top dui lawyer Michigan, Michigan DUI Lawyers, laws, driver license In a Michigan operating while intoxicated case, also called OWI/DUI, the penalties will be based on the severity and nature of the offense, and your prior record. Possible penalties include jail time, license suspension or revocation, fines, costs, community service and probation.

How Much Jail Time Will I Get?

A person convicted of a first offense OWI in Michigan is subject to not more than 93 days in jail. A second offense within 7 years is subject to as much as one-year in jail, and a felony third offense drunk driving is subject to 5 years in jail. You should know that even if you’re looking at a felony drunk driving it is possible to avoid jail time.

How Do I Get My DUI Blood Test Results in Michigan?

Published on: October 10, 2022 | by Patrick Barone

If you were arrested for OWI in Michigan the police may have tested either your breath or blood for the amount of alcohol. If your blood level is above the legal limit of .08 in Michigan, then you can end up losing your driver’s license and could even end up going to jail.

How to get a copy of a DUI blood test. Michigan DUI lawyer. Drunk driving blood test.
Your blood alcohol content (BAC) will be reported in a report. You can get your DUI blood test results by contacting the police department that arrested you for drunk driving. They may be unwilling or unable to provide you with the results.

If you can’t get your DUI blood test results from the police, then you’ll have to find out where the blood was tested, and contact the lab. Most chemical testing for a DUI involving alcohol or drugs or will tested by the Michigan State Police Forensic Lab in Lansing. If you were arrested for OWI in Oakland County Michigan, your blood was probably tested by the Oakland County Sheriff’s forensic lab.

Can You Get a DUI for Being High?

Published on: October 10, 2022 | by Patrick Barone

Marijuana DUI, OWI Cannabis, Michigan OWI Weed Lawyer Many people ask us if you can get a DUI for being high? The answer is yes, you can get a DUI in Michigan for being high on Marijuana. If you use cannabis for medical or recreational purposes, you might wonder “how do cops test for a weed DUI? Police officers will use the same kind of roadside tests used for one involving alcohol. So from this perspective there is little difference in a DUI with weed vs. alcohol.

Without getting to technical, one difference is that a DRE officer might be involved if the cops suspect marijuana impairment. Another difference is that there is currently no DUI breath test for weed.

There also is currently no legal limit for THC in the blood for DUI. However, the police will want to know your blood THC level for the DUI. This means more lawyers are being called upon to understand the complexities of forensic blood testing.

Legal Driving Limit BAC in Michigan

Published on: October 3, 2022 | by Patrick Barone

Pleading-guilty-in-a-michigan-dui-case-300x225 The legal BAC for Driving in Michigan is .08. This means that if you drink enough alcohol to reach a blood alcohol concentration (BAC) of .08 grams of alcohol per 210 liters of breath or 100 milliliters of blood, then you should not be operating a motor vehicle.

How Many Alcoholic Beverages are Needed to Reach .08 BAC?

As a very general rule of thumb, each standard drink can add .02 to your blood. This means about four standard drinks are need to raise the alcohol in your system to above the legal alcohol limit to drive.

Finding Top-Rated Michigan DUI Lawyers Near Me

Published on: September 24, 2022 | by Patrick Barone

Our drunk driving defense team is often asked this question: how do I find a top-rated DUI lawyer in Michigan? For OWI Michigan charges, our lawyers for DUI in Michigan always answer this question the same way – there is only one way to find a top-rated Michigan DUI lawyer, and that is by finding one who has honestly and objectively developed the reputation for getting great results.

And there’s only one way for those facing DUI charges to do that, and that one way is the hard way. The best Michigan DUI attorneys have earned it by knowing Michigan DUI laws from every angle. That includes being willing and able to go to trial to win, and also knowing when a plea bargain is going to provide the likely best outcome.

OWI vs DUI Michigan. Do not get confused about acronyms for the criminal charge of impaired driving. Nationally, DUI is the most widely used, but in Michigan, OWI is written into our intoxicated driving statutes.

Michigan Democratic Lawmaker Charged with Second Drunk Driving

Published on: April 12, 2022 | by Michael Boyle

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:

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

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