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Patrick T. Barone
The DUI Book
A Michigan Citizen's Handbook on Fighting a Drunk Driving Case
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Michigan Super Drunk Defenses
Michigan’s Super Drunk law imposes harsh penalties for those who operate a vehicle with a blood alcohol content (BAC) of .17% or more. Fortunately, there are multiple defenses that a skilled attorney can exercise in order to have the case dismissed or the Super Drunk charge reduced to a non-DUI disposition.
For example, the rising blood alcohol defense can sometimes be used in a Super Drunk driving case. The law regarding Super Drunk driving pertains to what your BAC is at the time that you are driving. However, alcohol does not get absorbed into your blood stream right away, so by the time the officer brings you to the police station for testing, your BAC may be higher than what it was when you were actually behind the wheel. By invoking the rising blood alcohol defense, you attorney can question what your actual BAC was at the time of driving, not at the time of your chemical test. To determine your BAC, your defense attorney may use retrograde extrapolation, thereby showing you did not violate Michigan’s Super Drunk law.
Another possible defense calls into question the actual accuracy of the breath test. When a person takes a breath test, an infrared light is used to measure of sample of the driver’s breath. The ethyl alcohol molecules then absorb the infrared energy, producing the BAC test results. However, other types of alcohol, such as that found in mouthwash, can attract the light, thereby inflating the test results.
If a Breathalyzer machine is improperly maintained or calibrated, the test results may be invalid. Likewise, improper administration of the test by the officer can have the same effect. Some officers will ask drivers to blow for longer than necessary, causing the results to be higher than normal.
Attorney Patrick Barone has extensive experience and knowledge of the rising alcohol defense and inaccurate breath test defense, among others. Counselor Barone is actually certified to operate the DataMaster breath test himself —the very same one used by Michigan police officers—allowing him to understand the intricacies of its known issues. He will use his understanding of the science behind a DUI case to challenge the evidence in an order to obtain the most favorable outcome possible on your case.
Don’t just plead guilty to a Super Drunk charge because you believe you have no options! There are multiple alternatives that may allow you to avoid the serious penalties that come with a guilty plea or verdict. Contact The Barone Defense Firm today to fight your Michigan Super Drunk charge. You’ll be glad you did!