Retrograde extrapolation is the process of estimating a driver’s earlier blood alcohol concentration from a later test. In DUI and Michigan OWI cases, the calculation can appear precise, but its reliability depends on facts that are often missing.
The disconnect defense in a Michigan OWI case applies when the chemical test result does not match the defendant’s observable behavior. If a breath or blood test reports a high BAC but the officer’s observations, police video, driving evidence, and field sobriety performance show little or no meaningful impairment, that inconsistency may create reasonable doubt.
The disconnect defense does not prove that the driver was sober. It asks a more precise trial question: does the chemical result fit the person the officer actually observed?
People now ask ChatGPT and Claude everything, including what to do after an arrest, whether the police can prove a case, and how to explain suspicious facts. If you have been accused of a crime, that can be a serious mistake. A recent federal court opinion shows why people should be very cautious before typing case facts, strategy, timelines, or explanations into a consumer AI platform.
A recent opinion from the Southern District of New York, United States v. Heppner, addressed whether a criminal defendant’s communications with the AI platform Claude were protected by the attorney-client privilege or the work-product doctrine. On the facts before it, the court said no. The Harvard Law Review’s discussion of the decision is worth reading, and helped inspire this article.
The practical lesson is straightforward. AI is not your lawyer. A public AI platform is not the same thing as a confidential legal channel. If you are under investigation, worried about charges, or already facing prosecution, you should assume that discussing your case with AI can create risks your lawyer would rather have avoided.
Michigan’s Health Professional Recovery Program, known as HPRP, is a monitoring program that HPRP Michigan healthcare professionals encounter most often after a criminal charge raises the question of an underlying substance use or mental health disorder. It is described as voluntary and non-disciplinary. In practice it functions more like a condition of continued licensure, and the Monitoring Agreement it requires is a notarized legal document that can govern every aspect of a practitioner’s professional and personal life for years. In practice, it functions more like a condition of continued licensure, and the Monitoring Agreement it requires is a notarized legal document that can govern every aspect of a practitioner’s professional and personal life for years.
The decision to enter HPRP, and when to enter, is among the most consequential decisions a Michigan healthcare professional can make after an alcohol or drug-related charge. It should never be made without coordination between a criminal defense attorney and a healthcare licensing attorney.
Has Your Michigan Driver License Been Revoked? This article will explain the process for getting it back.
Key Points:
When you’re arrested for a DUI in Michigan, the arresting officer will take your driver’s license and destroy it. This plastic license will be replaced with a temporary permit or a paper license, depending on the circumstances of your arrest. This paper license differs from your regular driver’s license as it lacks your photo but still permits unlimited driving.
The police and your attorney will refer to this paper license as a “DI-177.” The title of it is Breath Blood or Urine Report. This is a Michigan Temporary Driving Permit acts as your temporary driver’s license until you’re either convicted of the OWI or your case gets dismissed.
This paper license is only issued if you consented to a test allowing law enforcement to measure your blood alcohol concentration (BAC) during your arrest. This does not include the roadside test, only the test back at the station.
Most Michiganders know the OWI meaning, which is our state’s generic acronym for operating while intoxicated. When alcohol is not the impairing substance, however, a related but different MI OWI crime sometimes called “drugged driving,” can be committed by a motorist in Michigan. This violation is called Operating under the Influence of Drugs or OUID.
Three quick informational points about drugged driving and drunk driving cases need to be made by drug charge attorney Patrick Barone. By clarifying these issues now, such information will help the reader understand more about OUID cases.
First, in the USA, DUI vs DWI represent the abbreviations used in the largest number of states, as their preferred acronym (over 40 states and the District of Columbia). The use of “DUI lawyers” or DUI attorneys” (or substitute a “W” for the “U”) will be used in these states, (e.g., Texas DWI lawyer near me, South Carolina DUI attorney).
In the United States, we obtained much of our initial original jurisprudence from England. This “precedence” is called the common law. Because the English common law had such an impact on the development of our law it makes perfect sense that the English common law tradition of jury nullification directly influenced early American criminal trials. In the colonies, both the right to a jury trial, and the jury’s associated nullification powers, were viewed as vital to ensuring liberty.
The Founders, all of whom had the personal experience of living under an oppressive and capricious government, also believed in the importance of the right to nullification, particularly when viewed through the lens of liberty and freedom from tyranny. As one historian observed, “The writings of Jefferson, John Adams, Alexander Hamilton, and other founders–Federalists and Anti-federalists alike–all support the belief in a jury responsible for deciding both fact and law.” Similarly, jury trials and nullification were respected throughout the early days of U.S. history.[i]
Nevertheless, as the common law developed the question remained about if and how nullification would be incorporated into our system of governance. While the right to a jury trial is mentioned repeatedly throughout our founding documents, the word “nullification” is absent from all of them. Consequently, the United States Supreme Court had to grapple with this issue, and attempt to resolve it. However, their precedent regarding nullification has never entirely resolved the role of the jury in a criminal case or even the propriety of nullification.
Charges for criminal sexual conduct cases, more commonly called sex crimes or sexual assault, are often based only on the memories of the complaining witness. This is especially true for sexual assault that allegedly took place when the adult victim was a child. In these sex crimes cases there is no physical evidence, and the guilt of the accused rests entirely on the veracity of the witness’s statements and testimony. The problem is that the allegations of criminal sexual conduct can be based on totally false memories.
A new article written by an international team of researchers suggests that false memories can be reversed. According to the article, false memories cause many problems, not the least of which is false criminal allegations. The existence of false memories has been shown by many prior studies, and the contribution of this new study is that with the right kind of interviewing false memories can be supplanted by true memories.
To understand how this would all play out in a Michigan sex crimes case, the investigation of a sex crime usually begins with a report made to a police department. The initial report will inevitably be based on a recollection of past events, in this case some kind of sexual trauma or abuse. The case might then be assigned to a detective, who is likely to seek a second interview of the complaining witness, a/k/a victim. Depending on the age of the complaining witness, a forensic interview may follow.
Michigan Criminal Defense Lawyer Blog