Choosing the Right DUI Lawyer Depends on the Evidence in Your Case

The Short Answer

Not all DUI cases require the same kind of lawyer.

In Michigan OWI cases, outcomes often depend less on the charge itself and more on the type of evidence the prosecution is using. Some cases hinge on breath testing. Others depend entirely on blood testing or laboratory analysis. Each requires a different skill set and a different defense strategy.

Understanding what kind of test is involved in your case is one of the most important steps in evaluating whether a DUI lawyer is the right fit.

Why the Type of Chemical Test Matters

Most Michigan DUI cases rely on scientific evidence to establish alcohol concentration. That evidence usually comes from one of two sources:

• a breath test, or
• a blood test

Although both are presented as objective science, they work in very different ways and fail for very different reasons. A lawyer who is effective in one type of case may be unprepared for the other.

If Your Case Involves Breath Testing

Breath testing cases depend on estimating blood alcohol concentration from exhaled breath. That process relies on assumptions about human physiology, breathing patterns, and machine performance.

In Michigan, most breath tests are conducted using the Intoxilyzer 9000.

Breath-test cases often turn on issues such as:

• machine instability and exception rates
• forced or prolonged blowing
• mouth alcohol from reflux or dental issues
• radio-frequency interference
• whether internal diagnostic data shows hidden malfunctions

A lawyer handling a breath-testing case should be able to explain how the machine works, what data exists beyond the printed ticket, and how errors are identified.

Learn more:

• Breath Testing in Michigan DUI Cases
• Is the Intoxilyzer 9000 Accurate?

If Your Case Involves Blood Testing

Blood testing is often treated as the strongest form of DUI evidence. It is not automatically reliable.

Blood cases depend on:

• how the sample was collected
• whether preservatives were properly used
• storage and transport conditions
• laboratory practices and calibration
• statistical limits on measurement accuracy

Hospital blood draws raise additional concerns, particularly when serum or plasma values are used in criminal cases.

A lawyer handling a blood-testing case must know what records to request and how to evaluate laboratory data.

Learn more:

• DUI Blood Testing in Michigan OWI Cases

Why Blood and Breath Testing Require Different Defense Strategies

Breath testing and blood testing measure alcohol in fundamentally different ways.

Breath testing cases are often decided by:

• machine diagnostics
• testing conditions
• operator actions

Blood testing cases are often decided by:

• documentation and chain of custody
• laboratory batch analysis
• biological and statistical limits

Treating all DUI cases the same way risks missing critical issues unique to the testing method involved.

A clear comparison of the two systems is available here:

• Blood Testing vs. Breath Testing in Michigan OWI Cases

Why This Matters When Choosing a DUI Lawyer

When evaluating a DUI lawyer, it is reasonable to ask:

• Do they handle both breath and blood cases?
• Can they explain how the test in my case works?
• Do they know what data exists beyond the police report?
• Can they identify when a number is an estimate rather than a fact?

A lawyer who focuses only on negotiation may never examine whether the test itself is reliable.

This Page Is About Fit, Not Credentials

This guide is designed to help you understand what kind of lawyer your case requires, based on the evidence involved.

For a broader discussion of training, experience, publications, and what distinguishes established DUI defense practices, see:

• How to Choose a DUI Lawyer in Michigan

The two pages are meant to work together:
this page explains what to look for, the other explains why Barone Defense Firm meets those criteria.

Next Steps

If you are facing a DUI charge in Michigan, the first step is understanding what evidence the state is relying on—and whether your lawyer has the skill set to evaluate it.

At Barone Defense Firm, DUI defense begins with evidence analysis, not assumptions.

To speak with an attorney, call (248) 306-9158 or 1-877-ALL-MICH (877-255-6424).