Common Defenses in DUI Cases

by baronedefensefirm on June 25, 2009

The first thing we do when we look at a case is to determine if there are any “legal” defenses.  This inquiry asks the question “did the police violate the law?” 

The next thing we do when we look at a case is determine if there are any “factual” defenses.  Factual defenses are basically trial defenses, and this inquiry asks the question “can the state prove, beyond a reasonable doubt, that you violated the law?”

Factual defenses include any defenses that can be raised to the breath or blood test results, the field sobriety tests, or any other aspect of your case.  These issues are discussed at length within these pages.  You need only search the site to find articles relevant to drunk driving defenses, breath test defenses and blood test defenses.

Here is a video where I discuss these issues:

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Patrick T. Barone is the author on two books on DUI defense including the well respected two volume treatise Defending Drinking Drivers (James Publishing), and The DUI Book – A Citizen’s Guide to Understanding DUI Litigation in America. He is also the author of a monthly DUI defense column for the Criminal Defense Newsletter, published by Michigan’s State Appellate Defender’s Office. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School where he teaches Drunk Driving Law and Practice. He is also on the faculty of the Criminal Defense Attorney’s of Michigan’s Trial Lawyer’s College where he provides trial skills training to Michigan’s criminal defense practitioners. Mr. Barone lectures nationally on various DUI defense topics, and he has appeared in newspapers, on television and on radio as a drunk driving defense expert. Mr. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests and has also attended a 24-hour certification course at National Patent Analytical Corporation (the manufacturer of the DataMaster) and has thereby been deemed competent by the manufacturer to operate, perform essential diagnostic verifications and calibration checks on the DataMaster. Mr. Barone is a Sustaining Member of College for DUI Defense. Mr. Barone is the principal and founding member of The Barone Defense Firm, whose practice is limited exclusively to defending drinking drivers. The Firm is headquartered in Birmingham, Michigan.

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