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Top Michigan Drunk Driving Defenses

While no two driving under the influence (DUI) cases are the same, there are several common drunk driving defenses that can be used to win a case or have the charges reduced. Michigan Attorney Patrick Barone not only uses these defense strategies for his clients—he educates other defense attorneys on to successfully use them.

In order to determine the best defense strategy for your case, Mr. Barone will conduct a full investigation of your arrest. He will review the police reports, chemical test results, videotapes, and even visit the location of your arrest. By understanding all of the factors involved in your case, he gains an understanding of how to develop a successful defense that can yield positive results.

Some of the top Michigan drunk-driving defenses involve improper police protocol. In order to even perform the initial stop, the officer must have probable cause to believe that you have broken the law or are intoxicated. If a stop is made without probable cause, all evidence obtained after the fact may be inadmissible, and your case could be thrown out. The same applies to the arrest—if the officer does not gather sufficient evidence that you were under the influence, the arrest itself may be invalid.

A DUI defense attorney who is knowledgeable about the science of chemical testing can help provide a solid defense against your breath or blood test results. Mr. Barone has been certified by the manufacturer of the DataMaster—the breathalyzer used by Michigan law enforcement—as competent to operate and perform calibration checks and essential diagnostic verifications on this machine. If he can prove that the test was not correctly administered or the machine was not maintained or calibrated properly, this can go a long way of weakening the prosecution’s case against you.

A skilled attorney may also use the rising blood alcohol defense in applicable cases. After a person drinks, it may take some time to for the alcohol to be absorbed into the bloodstream. Therefore, a person may be under the legal limit when pulled over, but later test as over the limit. Because the law applies to your blood alcohol content (BAC) at the time of driving and not at the time of your chemical test, your defense attorney may use retrograde extrapolation to determine the BAC at the time of arrest.

These are just a sample of drunk-driving defenses that can be used to your advantage. For more information on what defenses may be useful for your case, please contact Mr. Barone today.