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Michigan Criminal Defense Lawyer Blog's title: Michigan Criminal Defense Lawyer | DUI and Federal Cases in Birmingham and Troy MI | Barone Defense Firm

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Why a Serum Blood Alcohol Test Should Not Prove BAC in a Michigan DUI Case
A serum blood alcohol test performed by a hospital is not the same measurement as the whole-blood alcohol concentration used in a Michigan DUI prosecution. The hospital ordinarily measures alcohol in serum or plasma for clinical treatment. The prosecution then seeks to translate that medical result into an “equivalent” whole-blood BAC.That translation is not a direct measurement...

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How Long After a Michigan DUI Arrest Will Charges Be Filed?
Clients often ask how long it takes for DUI charges to be filed after an arrest in Michigan. There is no single number of days that applies to every case. Some Michigan DUI cases move into court almost immediately, while others can remain in the period between arrest and formal charging for weeks or longer, particularly when the prosecutor is waiting for a blood or toxicology re...

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When Can a Michigan DUI Causing Death Become Second-Degree Murder?
Short Answer

A DUI murder charge in Michigan requires more than proof that a driver was intoxicated and someone died. When a fatal impaired-driving case is prosecuted as second-degree murder, the prosecution must also prove the additional mental state Michigan law calls malice.

A fatal intoxicated-driving crash can expose a driver to one of ...


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Can a Prosecutor Obtain Hospital Blood Results Without a Warrant in a Michigan DUI Case?

The short answer: Michigan law currently allows a prosecutor to obtain a driver’s treatment-related hospital blood results without first securing a warrant when a genuine accident, hospital transport, medical-purpose blood draw, and prosecutor’s request satisfy


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Can Accidental or Involuntary Intoxication Be a Defense to a Michigan DUI?
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