DUI Category Archives — Page 2 of 8 — Michigan Criminal Defense Lawyer Blog Published by Michigan Criminal Defense Attorney

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 Consequently, depending on the date and time of your evidential breath alcohol test, the police may have used the outdated DMT.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.

Legal Limit for Michigan DUI: .08% BAC Over 21

Published on: February 8, 2023 | by Patrick Barone

By Patrick Barone, Michigan DUI Lawyer Near Me

Michigan OWI lawyer Patrick Barone explains what DUI BAC is and how this number affects yiur whole drunk driving case.
The legal limit in all states except Utah is 0.08 grams percent. It will take about three to four standard drinks to raise most people’s blood alcohol concentration to 0.08 grams %. But, that number of drinks, if consumed rapidly by chugging them, will push the numbers higher.

However, there are many factors that play into a person’s bodily alcohol concentration (BAC) on at a given time and on a given occasion, and the only way to know your BAC at any given time is to submit to the police breath or blood test. Your Michigan criminal lawyer can explain the pros and cons of submitting to one of these chemical tests.

How to Write Effective Character Letters for Court Purposes

Published on: February 3, 2023 | by Patrick Barone

Michigam OWI lawyer Patrick Barone owns Barone Defense Fir m in Birmingham, MI. Here he discusses the age of consent (the legal age that a perron must be to have consensual relation with another human being. Your Michigan defense lawyer may ask you to obtain a character letter for court purposes. This article explains how to format and write such a letter. You can share a link to this article with those you ask to write such letters.

While there are many suggestions here, what’s missing is a sample character letter or a form character letter. This is because utilization of a form will cause all character letters to look substantially the same, and this defeats the whole purpose and is counter-productive. Use of such forms is strictly discouraged.

Character Letters for Use During Plea Negotiations

What’s the Difference Between a Question of Law and a Question of Fact?

Published on: January 31, 2023 | by Patrick Barone

The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide. However, while technically correct, this short answer is incomplete. Especially if you are charged with a crime like OWI Michigan.

Learn the difference betweek drunk driving and OWI Michigan.
One reason this explanation is incomplete is because it ignores the issue of jury nullification where judges are thought to be “judges of the law.” However this is a complicated and controversial topic, and beyond the scope of this article. To learn more about jury nullification, see; What is Jury Nullification and is it Lawful in Michigan?

When you’re facing an OWI charge in Michigan, the stakes are high, and understanding the roles of judges and juries becomes more than a legal curiosity—it becomes a crucial part of building your defense. For example, many clients charged with operating while intoxicated wonder who decides if a breathalyzer test was administered properly, or whether the officer had a valid reason to initiate the traffic stop in the first place. These aren’t just technicalities—they’re legal questions that could affect whether key pieces of evidence are even considered at trial. Knowing who decides what, and when, could make the difference between a conviction and an acquittal.

Drunk Driving Lawyer: DUI DWI OWI Defense Attorney Near Me

Published on: January 21, 2023 | by Patrick Barone

This page on DUI defense law in Michigan covers OWI charges for both misdemeanors and felonies. Typically, a DUI is not a felony in Michigan. However, regardless of the charge, you should seek help from the top DUI lawyers in the state.

Approximately 95% of all drunk driving convictions in Michigan are misdemeanors. A felony charge occurs on a 3rd lifetime DUI, not the 4th DUI within 10 years as in most other states. Even for a first offense OWI, it’s crucial to limit your search to an exceptionally good DUI lawyer near me.

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

How to Avoid Jail Time for a 3rd DUI Michigan

Published on: January 15, 2023 | by Barone Defense Firm

3rd DUI Michigan lawyer Patrick Barone has experience with getting repeat DUIs reduced.
Have you ever wondered what happens if you get convicted of a Michigan 3rd DUI? A 3rd Offense DUI is a potential disaster. Callers to our OWI law office want to know answers to questions like, “When will I be getting my license back after a 3rd DUI Michigan,” and “How long is license suspended for a 3rd DUI in Michigan” and even “What does DUI mean?”

What happens on your 3rd DUI? Just dealing with potentially losing your job and trying to pay higher insurance premiums is jarring to some Michiganders. Jail time is the most harrowing and worrisome 3rd DUI penalty that most clients fear. These felony crimes, however, can also result in vehicle forfeiture to the State, or license plate confiscation and immobilization of all vehicles owned by the client.

Analyzing the OWI Case Is the Starting Point to Avoid Jail Time

How to Get a DUI Expunged in Michigan

Published on: January 1, 2023 | by Ryan Ramsayer

Even a single Michigan DUI conviction can cause great hardship. It creates a permanent public record. This can impact employment, insurance, sense of well-being, and many other things. If you want to have your DUI conviction in Michigan expunged, we have good news because expungement of drunk driving convictions has never been allowed in Michigan until recently.

Until recently, Michigan law prohibited anyone from expunging a drunk driving conviction—no matter how long ago it occurred or how clean their record had been since. That meant even a single lapse in judgment could follow you forever. Thankfully, the law has changed. As of 2021, individuals with a first offense OWI or similar drunk driving conviction now have a path to clear their record. If you’ve been living with the weight of a DUI on your criminal record, now may be the first real chance to remove it. But because this opportunity is limited and comes with strict requirements, it’s important to approach it with care—and ideally, with legal guidance from someone who understands the process.

The DUI expungement process is complex, and we recommend that you hire a lawyer to help you. Many of the steps required are covered in another article we wrote entitled, “Can a Michigan DUI Be Expunged.”

Michigan DUI/OWI – How to Stay Out of Jail

Published on: January 1, 2023 | by Patrick Barone

Even a person convicted of a first offense DUI/OWI in Michigan with no prior record faces the possibility of up to 93 days in jail, and judges in some courts are well known for putting first-time offenders in jail. Also, repeat drunk drivers may face up to five years in prison for felony drunk driving, and where a death or serious injury occurs, the offender may be looking at 15 years or more behind bars. Even second DUI offenders face a minimum mandatory 5-day jail sentence, while felony drunk drivers are looking at a minimum of 30 days to a year.

You Can End Up in Jail Even Before Your Michigan OUI Case Begins

DUI Michigan convictions aren’t the only reason people may face jail time. Before the case even gets underway, and while you are still presumed innocent, some courts set extremely high cash bonds that are simply out of reach for many offenders. If the bond is too high, then you stay in jail until the bond is posted. Also, in addition to the money posted, you will be ordered to comply with certain bond conditions.

OWI vs DUI: An OWI Charge in Michigan & the DUI Legal Term

Published on: December 27, 2022 | by Barone Defense Firm

Driving a vehicle while intoxicated is a serious criminal offense across the United States. In the United States, and in no other nation, this crime is not always called a “DUI,” but D.U.I. is America’s most widely used abbreviation for this common driving crime.

Broadly stated, the crime best known as DUI (driving under the influence of intoxicants) has separate and distinct statutes in each. All 50 states and the District of Columbia created their own laws, with no two states tracking another exactly on what constitutes the evidence needed for a DUI conviction.

OWI vs DUI in Michigan - What Is the Difference?
This seemingly schizophrenic roll-out of statutes has important and fascinating historic roots, that have occurred since the early 1900s. For example, forensic breathalyzers were only invented and deployed in the late 1930s. Before that, an officer had to obtain a blood alcohol content test in any case that needed that proof of intoxication (e.g., a crash occurred, and the suspected drunk driver was not conscious).

Criminal Arraignment in Michigan – First Court Appearance

Published on: December 12, 2022 | by Patrick Barone

MI-OWI-Map-300x278

Understanding the Criminal Arraignment in Michigan: What You Need to Know

The criminal arraignment is the first formal court appearance in your case, marking the beginning of the legal process. In Michigan, as in all states, you have an absolute right to an arraignment. This right is deeply rooted in history, reflecting the foundational principles of justice in the United States. The U.S. Constitution’s Sixth Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation.” This safeguard ensures transparency and fairness, allowing individuals to know the charges they face and begin preparing their defense.

Why Do We Have a Right to an Arraignment?