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How to Argue and Win Your Next OWI Trial

February 9, 2010

Every DUI lawyer knows that winning OWI trials requires persuading juries to disregard  a breath or blood test.  But disregarding does not mean ignoring.  For this reason one of the first questions a DUI lawyer will ask his prospective client is: what did you blow? Certainly this is a legitimate question for the DUI lawyer [...]

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Virtual Work Release Not Available for Felony Drunk Drivers

January 11, 2010

Is Virtual Work Release Jail? According to Judge Mark Goldsmith, Oakland County’s new Virtual Work Release (hereafter “VWR”) is not available for felony drunk drivers.  Judge Goldsmith recently made this ruling from the bench after reviewing the defendant’s brief and the arguments of the defense attorney Patrick T. Barone and assistant prosecuting attorney Craig Pavlock.     [...]

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Woman Apparently Drives With .708 Blood Alcohol Content

December 30, 2009

A woman from South Dakota was apparently driving with a BAC of .708.  While possible, it’s more likely that the test is wrong.  We may never know the truth of this case because the report that appeared in the December 28, 2009 Rapid City Journal does not indicate if this blood test was whole or [...]

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Radio Frequency Can Cause Falsely High Breath Test Results

December 21, 2009

In reviewing videotapes of our client’s DUI arrests we often see cell phones being used in the booking room at the same time that the breath test is being administered.  The problem is that cell phones create radio waves, and these waves can interfere with the breath test.  Here is a videotape regarding this problem.  [...]

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United States Tax Law Encourages Drunk Driving

December 16, 2009

Depending on the facts of your case, it may indeed be possible to drive drunk, damage your car and then write the whole thing off on your tax return.   The caption for the interesting and unusual case that stands for this proposition is: JUSTIN M. ROHRS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 14109-08S. [...]

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Violation of Breath Testing Adminstrative Rules Might Lead to Suppression of Results

December 1, 2009

The Michigan administrative rules for breath testing require that the breath test operator in a drunk driving case observe the suspect continuously for 15 minutes prior to administering the breath test. The reason the 15 minute rule exists is because it takes about 15 minutes for mouth alcohol to evaporate.  If mouth alcohol exists then [...]

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What do Global Warming and Drunk Driving Defense Have in Common?

December 1, 2009

Answer: Scientists involved in the prosecution of drunk and drugged driving and global warming both use science and scientific principles to make their case.  Some also believe that both misuse science and hide the truth in order to mislead the public. Regarding global warming this point is made in an article entitled Secrecy in science is a [...]

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Prosecutors Find Operating Under Influence of Drugs Cases Difficult to Prove

November 25, 2009

In Michigan more people are prosecuted each year for the charge of operating under the influence of drugs.  These charges continue to be difficult for prosecutors to prove.  This is because unlike alcohol, there are no legal limits for drugs. In Michigan, there are two ways to prove the charge of OWI – Drugs.  The [...]

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Hospital Bans DUI Blood Tests

November 18, 2009

In Michigan nearly all blood testing is done by one central lab run by the Michigan State Police.  This “whole blood” testing is performed at the State Lab using a process called headspace gas chromatography (GC). Rarely in Michigan do DUI lawyers see non-whole blood or “serum” testing.  If serum testing is performed in Michigan, [...]

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DUI Blood Testing by Gas Chromatography

November 12, 2009

Chapter Two of Defending Drinking Drivers (Barone/James Publishing) covers chemical testing. This chapter has been nearly completely re-written for the 2010 update.  A portion of the newly updated section on gas chromatography follows: The process of gas chromatography involves the use of an instrument called a gas chromatograph (GC) to separate and analyze compounds that [...]

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Drunk Driving Traffic Stops and Interlocks

October 22, 2009

As originally conceived the United States Supreme Court was intended to be a final check on the police power.   And to a lesser extent, so it is with all judges, who collectively form one of our three branches of government. The central goal behind the idea of having three branches of government is that a [...]

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Meaning of “INTERFERENCE DETECTED” in DUI Breath Testing

October 9, 2009

Michigan exclusively uses the DataMaster to measure the breath alcohol of all persons arrested for drunk driving.  The DataMaster operates on the scientifically accepted principle of absorption of infrared energy. Michigan is about to put into service a new DataMaster called the DataMaster DMT. The analytical portion of the DMT is essentially identical to the [...]

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Thousands of Breath Tests Improperly Admitted in Michigan DUI Trials

October 7, 2009

In a Michigan drunk driving case it is typical for the breath test results to be entered into evidence based solely on the testimony of the breath test operator.  The precedent “foundation” for the admission of the breath test results usually includes only the admission of the simulator logs.  According to Michigan’s administrative rules governing breath [...]

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NHTSA Field Sobriety Tests Fatally Flawed

October 2, 2009

If you have been arrested for drunk driving in Michigan then you probably submitted to one or more field sobriety tests.  The problem with these tests is that they are not reliable indicators of intoxication and they are almost never administered properly by the police.  Because arrests for DUI in Michigan are almost always based [...]

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A DUI Prosecutor Must Help Prove That You Are Not Guilty

September 22, 2009

In a Michigan drunk driving case the prosecutor is legally and ethically required to provide the evidence that shows that you are not guilty.  Unfortunately, not all defense lawyers know how to make sure the prosecutor provides this favorable evidence, and not all prosecutors follow the law or ethics. Both the prosecutor and the defense attorney [...]

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