DUI Defense

What is Michigan’s Under 21 Zero Tolerance Law?

Published on: July 17, 2018 | by Patrick Barone

You are a drunk driver if you are under 21 years of age in Michigan, drink any amount of alcohol and then drive a car. This is called the Michigan zero-tolerance drunk driving law. To fully understand this law, it is important to know how “any amount of alcohol” is defined. Michigan’s Compiled Laws 257.625(6)(a) and (b) provide as follows:

As used in this subsection, “any bodily alcohol content” (BAC) means either having an alcohol content of 0.02 grams or more but less than 0.08 grams or having the presence of any alcohol within a person’s body resulting from the consumption of alcoholic liquor.

If you are under 21 years of age, and have an alcohol content of .08 or more, then you will be charged with an “adult” drunk driving, which carries greater punishments and a more draconian driver license sanction.

How Much Will a DUI Lawyer Cost?

Published on: June 26, 2018 | by Patrick Barone

There is at least a ten-fold difference in the amounts Michigan lawyers charge to handle a first offense drunk driving case. Fees usually start at around $1,500.00 for a newer less experienced lawyer. From there, fees increase to as much as $15,000 – $25,000.00, including trial, for a top DUI lawyer. Where death or serious injury is involved, fees can be even higher.

With such a wide range of fees you may wonder if it is worth spending more to hire a great lawyer? For some people the answer is clearly yes while for others the answer is more elusive. Either way, it’s a personal decision that depends on many factors. Before making the investment in a top DUI lawyer, you may wish to consider the following questions:

Is the Lawyer Available to Answer my Questions? If you’re spending a lot of money for a lawyer then you should expect plenty of communication. Facing a criminal charge can make you feel like you are standing on the edge of an abyss staring into the great chasm of the great unknown. Your attorney will be your guide helping to bring order into the chaos you are facing. Consequently, when needed, you should have an easy ability to contact your lawyer without delay or hassle. No lawyer is going to be forever available, and consideration should be given for time spent in court and handling other client’s cases. Nevertheless, you should expect to be in contact within a reasonable amount of time under most circumstances. A good way to determine if the lawyer you’re considering will be good with communication after you’ve paid them is to start paying attention from the first time you contact the Firm. You will begin to get a feel of how important communication is to the lawyers and staff involved. Consider such things as whether a person answers the phone, or it goes to voicemail; does your attorney provide a cell phone number to call or text; how much time does it takes for someone to get back to you for an initial consultation; how much time does the attorney give you in the initial consultation, before you’ve even paid them. If communication seems labored or difficult, then this is a warning sign that will lead to an increase in stress as your case moves through the system.

Possible Conditions of Bond on a Michigan DUI OWI

Published on: June 5, 2018 | by Patrick Barone

After you’ve been arraigned on your Michigan DUI/OWI, the court will make a determination as to bond conditions. The court will add conditions to your bond because you have been charged with a serious offense and the court wants to make sure that, while out on bond, you’re not continuing to endanger the public by driving drunk. For this reason, many of the conditions of bond in a DUI/OWI case address the abuse of alcohol.

Michigan OWI Bond Conditions

There are many other possible conditions of bond, and these can include any or all of the following:

Is it Unlawful to Operate a Drone While Intoxicated?

Published on: January 22, 2018 | by Patrick Barone

Yes, it may be unlawful to operate a drone while intoxicated at the federal level, and may soon be unlawful at the state level as well.

However, the punishment varies depending on the specific law violated. As drones become more common and more popular, some states are looking at drafting laws that will impose criminal consequences, including the possibility of jail, for operating a drone while intoxicated. An example of this is the New Jersey law that was introduced in June 2017, and that passed both houses on January 10, 2018. The law is expected to be signed into law. The punishment for a violation of the New Jersey statute is up to six months in prison or a $1,000 fine.

The text of the New Jersey law first sets forth the definition of the word ‘Operate,” as meaning “to fly, control, direct, or program the flight of an unmanned aircraft system.” Relative to alcohol, the statute makes droning while intoxicated unlawful, and indicates specifically:

How to Win a Drunk Driving Case Without Trying

Published on: December 12, 2017 | by Patrick Barone

Can You Really Win a Drunk Driving Trial Without Even Trying?

Sometimes, winning a trial or a contested hearing comes down to knowing what not to do! In drunk driving cases, nowhere is this truer than with administrative hearings held on appeal from an alleged implied consent violation. To understand why this is true, it’s helpful to know a little bit about the Michigan Implied Consent Law and about administrative hearings.

If you have been charged with drunk driving in Michigan and refused to take a breath or blood test at the request of the police officer, then you will be charged with a violation of Michigan’s Implied Consent Law, pursuant to MCL § 257.625f. A violation of the implied consent law will result in the suspension of your driver’s license for up to 2 years.

The Misleading Concept of Alcohol Tolerance in Michigan DUI Cases

Published on: May 25, 2017 | by Patrick Barone

Many judges, prosecutors, and defense attorneys have mistaken beliefs about alcohol tolerance. In a drunk driving trial, these mistaken beliefs can lead to misleading arguments which might further lead to wrongful convictions. A recent article from the peer-reviewed science journal article Psychopharmacology[i] helps support a defense lawyer’s attempt to preclude a wrongful conviction based on these misleading arguments.

Generally speaking, most drunk driving trials include observations of the police leading up to the arrest and a subsequent breath or blood test, generically called a “chemical test.” Therefore, winning a drunk driving trial requires reasonable doubt as to both.

Issue With Alcohol Tolerance

There are many ways to approach the defense of a drunk driving crime, and a defense should always be matched to the facts and science of a particular case. However, one way to explain to jurors that there is a reason to doubt the chemical test is to show that there is a disparity between the breath or blood test result and the physical and mental condition of the driver. This might occur in cases where the driver performs well on the field tasks, such as the one-leg stand or walk and turn. This evidence, usually collected at the roadside, is often referred to as the “observational evidence.”

Driver’s License Sanctions for First Offense Drunk Driving Convictions in Michigan

Published on: May 24, 2017 | by Patrick Barone

If you have never been arrested for drunk driving before in Michigan, or anywhere else in the country, then there are three possible drunk driving charges in Michigan. The driver’s license sanction for each offense is described below.

High BAC/Super Drunk OWI

According to Michigan’s Criminal Code, section 257.625(c) a driver is considered “super drunk,” meaning they have a high BAC (bodily alcohol content) if that person has an alcohol content of 0.17 grams or more in their blood, breath, or urine.

Barone to Present a Michigan State Bar OWI Seminar

Published on: May 22, 2017 | by Patrick Barone

Barone Defense Firm founding partner Patrick T. Barone has been asked to present at the upcoming Solo and Small Firm Drunk Driving Update. This seminar, presented by the Michigan State Bar, will take place Thursday, May 22, 2017 from 6:00 – 8:00. The location is at the Western Michigan University Cooley Law School’s Auburn Hills campus. Food and light refreshments will be served, including appetizers, beer, wine and soft drinks. The cost is a very modest $20.00 for State Bar Solo and Small Firm section members, $25.00 for all others. Law Students are free.

This seminar will cover the basic nuts and bolts involved in the representation of those alleged to have driven under the influence of alcohol or drugs. Topics to be covered include pretrial proceedings, driver Assessment and Appeals matters, including driver license restorations and implied consent matters and trial practice. Patrick Barone will be presenting on the topic of trial skills. Mr. Barone has tried 100’s of drunk driving cases and frequently lectures locally and nationally on advanced trial skills, including most recently this past March at the Advanced OWI Seminar in Columbus Ohio.

Hearing Officer Brian Longman with the Michigan Secretary of State is also among the panelists. Mr. Longman will be speaking about implied consent matters, including available defenses, and more generally, how to conduct such a hearing on behalf of a client who is alleged to have unreasonably refused a breath or blood test.

Boyle Presents at Drugged Driving Seminar in Lansing Michigan

Published on: May 22, 2017 | by Patrick Barone

Imagine you have done nothing wrong but for a minor moving violation. You have not been drinking. You have not consumed any prescription or illegal drugs. You tell the officer the truth. But then you are arrested for suspicion of driving under the influence. This was the very unfortunate circumstance for not one, not two, but three Georgia women, all arrested by the same highly credentialed, drug specific trained, experienced police officer.[1]

This was the story that Michael J. Boyle shared with a conference room full of defense attorneys and prosecutors of WHY they were all there today. Those three women are not the only ones that end up wrongly arrested, and it is not only happening in Georgia, but in Michigan and in every other state. The only way to protect those from wrongly arrested, and potentially wrong convicted, is to have an attorney with the experience and knowledge to know how to handle the case.

On May 12^th and 13^th Attorneys from across Michigan gathered in Lansing for the first ever Seminar put on in concert by the Michigan Association of OWI Attorneys (MIAOWIA) and the Marijuana Law Section (MLS) of the State Bar of Michigan. The two-day Marijuana Criminal Law Seminar titled “Everything About Medical Marijuana in Michigan” covered a variety of current marijuana issues including Hot Topics, Search and Seizure, License Restoration, Section 4 and Section 8 Hearings, Marijuana Drug Recognition Evaluations (DRE), Chemical Testing for Marijuana, the most recent Michigan Case Law and Legislative Updates, and Marijuana and Driving in Michigan.

Oakland County Circuit Court Judge Throws out .20 Breath Test on Felony Drunk Driving

Published on: April 11, 2017 | by Patrick Barone

An Oakland County Circuit Court Judge recently suppressed a DataMaster .20 evidentiary breath test result on a felony drunk driving case. The judge suppressed the breath test because the police officer who administered the test failed to follow the laws and rules intended to assure that breath tests are reliable. Because of the judge’s ruling, the prosecutor can no longer argue to the jury that the driver had an unlawful bodily alcohol level (UBAL).

The facts, in this case, are as follows: the driver was stopped for making an unlawful turn. The driver had no valid driver license, smelled of alcohol and admitted drinking. Subsequently, the driver was unable to perform to the police officer’s satisfaction on the field sobriety tasks, including the alphabet, backward count, heel to toe and horizontal gaze nystagmus. This driver had two or more prior DUIs in his lifetime. Based on Heidi’s law, with at least two lifetime prior DUIs, this arrest would make it a felony. A roadside preliminary breath test indicated .123 on a “weak” sample. Thereafter the driver was arrested for felony drunk driving.

Because this was a felony case, the driver was entitled to a probable cause hearing. In Michigan, this is called an evidentiary hearing. At an evidentiary hearing, the prosecutor bears the burden of proof, but only by the standard of probable cause. This means prosecutor need only show, through witnesses and evidence, that the crime charged was probably committed. Because of this, an evidentiary hearing is a much-abbreviated version of trial. Nevertheless, at the evidentiary hearing, we did ask the police officer some general questions about his observation of the driver prior to the breath test. This was to set up a motion to suppress at the circuit court.