Avoiding DUI Convictions

Nationwide there are 7,000 drug recognition experts trained to identify drugged driving, a growing reality across the nation. Here in Michigan, 32 officers have just been trained to spot drugged driving. A few years ago, Michigan only had three officers trained to spot drugged driving. [i]   That means you are 10 times more likely to be arrested for drugged driving in Michigan today than just three years ago!

The so-called drug recognition expert (DRE) uses a 12-step process to determine if a person is OWI (operating while intoxicated) due to drugs or medication.  Three of them involve asking the driver if they have taken medications or drugs.

For example, step 2 of the 12 step drug evaluation and classification program is to “interview the arresting officer.”  Here the DRE is looking for an admission or evidence of prescription bottles found on the driver or in his car.  Step 3 then involves the DRE questing the driver, and here again the driver is asked if they are taking drugs or medications.  In step 10, which is nicely called “interrogation of subject” the driver will be asked a third time if they have taken drugs or medications.

Every driver in Michigan has an absolute right to not answer these questions.  If you are stopped and arrested NEVER admit to having consumed any medications.  Taking prescription medications in the prescribed dose according to your doctor’s instructions IS NOT A DEFENSE to an OWI drugged driving charge.

If you don’t read this until after you’re arrested for OWI drugged driving in Michigan, or if you’re arrested anyhow, call the Barone Defense Firm for your FREE no obligation case evaluation.

[i] http://www.wlns.com/story/17170470/msp-troopers-trained-to-detect-drugged-drivers

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 Avoiding DUI Convictions

Patrick T. Barone

Principal at Barone Defense Firm
Patrick T. Barone has successfully handled 1000s of Michigan DUI cases. He has an “AV” (highest) rating from Martindale-Hubbell, and since 2009 has been included in the highly selective US News & World Report’s America’s Best Lawyers while The Barone Defense Firm appears in their companion America’s Best Law Firms. He has been rated “Seriously Outstanding” by SuperLawyers, rated “Outstanding/10.0” by AVVO and has recently been appointed to the advisory board for the Michigan edition of Leading Lawyers Magazine. He is also the author of two books on DUI defense including the well-respected two volume treatise Defending Drinking Drivers, and Michigan DUI Law: A Citizen’s Guide. He had also authored chapters in Defending DUI Vehicular Homicide Cases, 2012/2014 eds. (Aspatore Books). Mr. Barone formerly served as the executive editor of The DWI Journal: Law & Science (Whitaker Newsletters, Inc.). Mr. Barone is also an adjunct professor at the Thomas M. Cooley Law School where he teaches Drunk Driving Law and Practice, on the faculty of the Michigan Trial Practice College, and is a graduate of the Gerry Spence Trial Lawyer’s College.

1 comment… add one

  • S. Alex Ripepe May 31, 2012, 9:17 pm

    “Every driver in Michigan has an absolute right to not answer these questions.” HOW do you not answer (invoke 5th Amendment, etc)???


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