DUI Defense

Intoxilyzer 9000 – Michigan’s New Breath Test Instrument

Published on: May 8, 2023 | by Patrick Barone

Effective immediately, the Intoxilizer 9000 is replacing the DataMaster DMT as Michigan’s new breath test instrument. If you are arrested for DUI in Michigan, the chances are good your breath will be tested on a 9000. If you were over the legal limit, then keep in mind that a top DUI lawyer can beat breath test results in court.

However, for a short period of time, both breath alcohol test instruments will be used. Consequently, depending on the date and time of your evidential breath alcohol test, the police may have used the outdated DMT. If this is true in your case, then be sure to hire a top DUI defense lawyer to represent you. Breath test results rendered by the DMT are inherently untrustworthy. See this article if you are not sure how to find a top Michigan DUI lawyer.

This change to the 9000 is primarily due to the age of the DMTs currently in service. Also, the inability to obtain parts for this older equipment, and MSPs desire to employ newer technology. The Intoxilizer 9000 is widely used across the United States and is often relied upon by law enforcement agencies to determine whether an individual is legally intoxicated.

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.

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 jail time of 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. The Barone Defense Firm, in conjunction with of counsel attorney Doug Passon, focus on sentence mitigation for all of our cases. We have obtained remarkable results in the past, and would like to do the same for your case if possible.

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.

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

Plea Bargaining in a Michigan Criminal Case

Published on: March 26, 2022 | by Patrick Barone

Michigan Criminal Defense Lawyer Explains Plea Bargaining

Attorney Patrick Barone of Barone Defense Firm is a criminal defense law firm near me that represents clients accused of sex crimes, whereby if convicted, they would probably have to add their name to Michigan's se offender registry (SORA). If you are facing criminal charges, the criminal justice system seem overwhelming. It doesn’t matter if you’re facing drunk driving, drug charges, sex crimes or white collar crimes in the State of Michigan, the same system of felony criminal procedures apply.

Many Michigan DUI charges and other criminal cases like sexual assaults, child pornography and drug crimes, are resolved through a process called plea bargaining. A plea bargain is what happens after your attorney discusses your case with the prosecutor and explains why it is appropriate to amend or reduce the charges you are facing with the court. Sometimes the reduction in charges to a lower criminal offense will lessen the impact on your drivers license and possibly jail time as well.

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.

Proximate Causation in a Michigan Drunk Driving Causing Death Case

Published on: March 7, 2022 | by Patrick Barone

Michigan Drunk Driving Lawyer Explains Proximate Causation

Michigan DUI lawyer Patrick Barone knows Michigan DUI law and how to beat a DUI. Patrick Barone, considered by many to be among the best DUI lawyers in Michigan, has indicated that a drunk driving causing death case is one of the most difficult kinds of criminal law cases to defend. The concept of proximate causation is one of the reasons these cases are so difficult and complicated.

What is Proximate Cause?