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If you have gone through a Michigan DUI arrest that involved a blood sample, you may have noticed that the police officer provided special vials to be used for the sample. These blood collection vials come from a kit that is specifically made for police agencies in Michigan to collect blood samples for criminal investigations.
If you have been arrested for a DUI in Michigan and the police obtained a blood sample from you, you need an attorney immediately because there are things the attorney can be doing right away to help you. There are also things you can do to help in your defense.
Evidence: Aside from the police report, your attorney should request preservation of all evidence available in a DUI case. This evidence can include the police report, dashcam videos, body cam footage, dispatch audio, booking room video, and the blood sample report.
Your best course of action is to retain an attorney as quickly as possible after the incident because your attorney can be doing all the above and more to help you. The attorneys at the Barone Defense Firm have been specifically trained in DUI defense.
Blood is tested for alcohol using GC-FID (gas chromatography with flame ionization detection) and GC-MS (gas chromatography-mass spectrometry) is used to quantify the presence of controlled substances. A qualified drunk driving defense lawyer should be able to explain the difference between GC-FID and GC-MS and be able to discuss in detail the materials that he/she will seek to review in your case as well as cross-examination techniques that will be employed against the state’s toxicologist.
Clarence Darrow once said that, "The only real lawyers are trial lawyers, and trial lawyers try cases to juries." This is especially true in drunk driving defense. A qualified drunk driving lawyer should be able to point to specific instances where he/she has taken a drunk driving case to trial before a jury. While you are entitled to waive a jury with the prosecutor’s consent, most of these so-called “bench trials” are jokingly referred to as “a slow guilty plea.” I have handled hundreds of drunk driving cases, with well over 50 jury trials. I don’t win all of my trials by any means! But if an attorney isn’t losing a few jury trials, then that lawyer isn’t taking enough cases to trial.
The average person facing a drunk driving offense has never been charged with a criminal offense, so they have had little exposure to the criminal justice system. Lawyers tend to specialize in one or two narrow areas of practice, with far less than half practicing criminal defense. Amongst criminal defense lawyers, even fewer focus on drunk driving defense, which has been acknowledged as a specialized area of law by the American Bar Association. That said, however, nearly every general practitioner has handled a drunk driving case, and many lawyers view these cases as an easy source of revenue.
Being a former prosecutor is NOT a badge of honor. It is extremely misleading. It implies insider knowledge, competence, and the likelihood that the “former” prosecutor has a special relationship with the “current” prosecutor. A poll was conducted a few years ago, revealing that a significant number of people thought that lawyers who graduated with honors received a position with the prosecutor's office, while lawyers who graduated near the bottom of their class became defense lawyers. That’s absurd! In reality, many prosecutors are drawn to the position because it provides 9-5 hours with benefits and a steady paycheck. Having enjoyed the relative stability and ease of working for the prosecutor’s office, good prosecutors continue working as prosecutors. And while there are certainly a few former prosecutors that became great defense lawyers, many prosecutors simply read from a script, using pre-printed questions from trial handbooks published by the prosecutor’s office.
With a few exceptions, anyone who received one (1) DUI conviction in Michigan is now eligible to apply for expungement. Before applying, however, at least five (5) years must pass since your probationary term ended.
DUI convictions will never be eligible for automatic expungement. Therefore, you must apply to expunge it.
The DUI expungement Michigan process is very rigorous and time-consuming.
While these measures won’t go into effect until February 23, 2021, we can help you start the expungement process right now.