It is, but don’t let a lot of lawyer and attorney websites fool you. Getting a flat out dismissal is the exception, not the rule to a DUI, OWI, OUIL and drunk driving case. These things happen, but they don’t happen often, and they require a lot of skill and experience. Few attorneys have actually accomplished it, but Barnwell Law has. Read below how to get a DUI case dismissed.

If you are facing a DUI in Warren, Macomb County, Roseville, Troy, Detroit, or anywhere else in Michigan there are a couple different ways to get a drunk driving case dismissed:

• Challenge the police stop of the vehicle
• Challenge the sufficiency of the evidence after your car was pulled over
• Win the case in a bench or jury trial with a Not Guilty verdict.

DUI Challenge to Police Stop of Your Vehicle

Let’s start with challenging the stop. To make a traffic stop for a DUI or any other reason police have to witness a violation of traffic law or have “reasonable suspicion” of a crime to pull your car over. A violation of traffic law can be things such as speeding, running a red light, making an illegal turn, even a taillight that is out without your knowledge. If police see one of these things, they can pull your car over. Once the car is pulled over, often an officer will immediately suspect you have been drinking and begin asking how much you’ve had to drink.

This is why it is important to get dashcam video of the police stop of your vehicle in a DUI case. Sometimes, unfortunately, the video of the stop is not very clear. Other times it is very clear. If an officer says in their video that the only reason your car was stopped was because you were “weaving in lane” but the video shows something different, that can be a reason to challenge the stop. The more nebulous the officer’s reason is for stopping your car, the better the challenge will be in a pretrial motion. A pretrial motion in this type of case would be to suppress the stop. And if the stop is suppressed because it was unlawful, it therefore makes all the resulting fruits of the stop unlawful, even if you were in fact intoxicated.

Many people complain this is “getting off on a technicality.” But abiding by the 4th Amendment of the US and State constitutions is not a “technicality.” It is making sure the police have followed the law. And if they don’t follow the law, then your case can be dismissed. Barnwell Law recently obtained a dismissal from a prosecutor after the police dashcam claimed a client’s car was “weaving in the lane” and the video showed the car driving in a near perfect straight line.

DUI Breath Test and Roadside Evidence Challenges

Another way to get a DUI case dismissed in Macomb County and elsewhere is to challenge the evidence once the police stop your car. If you’re ever suspected of a DUI or drunk driving and the police pull over your vehicle, remember the phrase “Don’t walk, don’t talk, don’t blow.” All you are legally obligated to do is to present your identification and step out of the vehicle if ordered to do so. The police can’t make you do tests on the side of the road. Nor can they force you to blow into a PBT on the side of the road.

However, maybe you’ve read this page after you’ve already been arrested. While you can’t undo the past, a skilled DUI attorney can review the evidence. Once again, video can be crucial for cases that have good police bodycam or dashcam. The police will argue in nearly every police report that every single suspect failed the field sobriety tests (SFST’s). Yet, most police have had very, very minimal training on how to properly administer and interpret these tests. This can go a long way in a pretrial motion to suppress evidence or at trial. Sometimes the evidence and video is clear that somebody failed the tests. Other times, the evidence is not so clear and can be challenged.

This also includes challenging the blood or breath tests that police collect to demonstrate that you were over the legal limit of .08. The “Datamaster” breath machine at police stations is currently being phased out throughout Michigan. It is being replaced by the Intoxilyzer 9000. Police have minimal training on both of these devices. The machines must be properly calibrated or they can have readings that question their accuracy. Even blood draws, which are more accurate than breath tests, can face questions about chain of custody, proper procedure, and even accuracy in rare cases. In one DUI case, William Barnwell of Barnwell law was able to get a case dismissed before trial when a judge rules much of the evidence inadmissible.

DUI Trial

Another way to beat an OWI case is to go to a full-blown trial and get a Not Guilty verdict. Under the constitution, a person is entitled to a trial by a jury of their peers. In a misdemeanor trial, there will be six jurors who decide whether or not someone is guilty or not guilty. If it is a felony DUI case or any other type of felony, there will be a jury of twelve individuals. A jury verdict must be unanimous. That means if there is even one holdout, the judge will declare a mistrial. If there is a mistrial there is no conviction. It will then be up to the prosecutor whether they want to retry the case.

Barnwell Law is one of the rare DUI attorneys who has taken a drunk driving case to trial and won. Very few DUI and OWI cases go to trial. Even fewer get Not Guilty verdicts. William Barnwell of Barnwell Law has even won acquittals on 2nd Offense DUI cases. A Not Guilty verdict can be won by challenging whether a driver really was over the legal limit, whether the offer really had a basis to believe they were impaired if they were under the legal limit, and whether the person charged was actually driving while they were intoxicated. Sometimes police make contact with a vehicle minutes or even hours after they were actually driving and didn’t witness who the driver was, or when this person was driving.

Win Your Detroit, Michigan, and Macomb County Case

The above contains only a sample of defenses that can be used in a DUI or OWI case. Where other attorneys are quick to just go for a plea bargain, Bill Barnwell will carefully evaluate your case to determine if a plea is really in your interest, or whether your case is suitable for trial.

While difficult and requiring great skill, Barnwell Law has a history of results in getting DUI, OWI, and drunk driving cases dismissed. Call Barnwell Law today at (810) 394-2952 to begin your DUI defense.

Should you refuse to take a breath test for a DUI and OWI in Michigan? As the saying goes, “Don’t walk, don’t talk, don’t blow.” A DUI breath test refusal makes sense in many circumstances.

There’s almost never a good reason to “blow” on the side of the road after a police stop. Usually a DUI or OWI arrest begins after some sort of simple traffic stop. The officer will observe a speeding vehicle. Maybe he or she will see a car crossing the line dividers in a road. Sometimes a taillight is out. But every drunk driving arrest begins with some sort of police contact. Usually (but not always) the officers see the vehicle driving and then pull it over.

Once a vehicle is stopped an officer will usually quickly suspect a driver is intoxicated. Police reports routinely note officer observations of:

• Bloodshot, watery eyes
• Strong smell of alcohol
• Slurred speech
• Driver looks or sounds confused

Upon suspicion of intoxication, an officer will ask somebody to get out of the vehicle. Contrary to popular opinion, a driver does have to exit a vehicle upon being ordered to do so by a police officer. What a driver does not have to do however is perform field sobriety tests, answer general questions, or blow into a roadside PBT (preliminary breath test). The topics of field sobriety tests or officers fishing for information are a topic for another page. But as it pertains to “blowing on the side of the road”, the general rule of thumb is: “Don’t do it.”

But won’t you lose your driver’s license if you don’t blow at the side of the road?

No. You won’t.

You will, however, get a civil infraction ticket that carries a $200 fine. Refusing to blow into the PBT does not suspend your license, it does not add any points onto your license, and it won’t get you sent to jail.

Choosing to indulge a police officer’s requests for field sobriety tests and blowing into a PBT, along with other admissions of drinking and officer observations, will generally get a person sent to jail, however. As I regularly explain to clients, almost nobody talks themselves out of an arrest. Many people will talk themselves into being arrested and thinking they are doing a good thing by “cooperating.” All “cooperating” does, however, is makes the job of police and prosecutors easier to send you to jail.

If a person is written up for a DUI breath test refusal and the officer still believes that there is probable cause to make an arrest, they now have the option of getting a warrant for a blood draw. Here is where the consequences for refusal go way up, and why it’s often not a good idea to refuse a blood draw or to refuse a breath test at the police station.

Why the distinction from the roadside PBT?

It is because of the Michigan Implied Consent Law. In sum, by virtue of being a driver on the road, you have given the State of Michigan consent to ask for a breath or blood sample if there is suspicion of intoxication. And if you refuse you will not only get 6 points added to your license, but your license will be suspended for a year.

Whereas the roadside PBT results can’t be used against you at trial (they can, however, be used as a basis to arrest you), the results from a blood draw or a police station breath are used against you at trial. The results from these readings are more reliable than the PBT. Blood results boast a reliability rate of over 99%. The readings from the “DataMaster” or “Intoxilyzer” (the new machines being unveiled throughout Michigan) are considered almost as reliable as blood results, if the machines are properly calibrated and the tests properly administered.

I have had more than a few clients who have gotten this backwards. They freely consented to a roadside PBT and then refused to give a breath sample at the police station or refused a blood draw after a PBT. All this accomplished was giving the police more evidence to arrest them with and causing a lengthy suspension of their license before their criminal case ever resolved.

This isn’t to say that there aren’t circumstances where forcing the police to get a warrant for your blood don’t exist. But just be aware of the risks in doing so. If there is a violation of the Implied Consent Law, there is only a very narrow 14 day window to contest the alleged refusal before the Secretary of State, which will be covered in another post. I have gotten officers to agree to withdraw these cases before the Secretary of State and have convinced a Secretary of State Hearing Officer that there wasn’t a legal refusal.

But these add costs to your case and added stress. So, follow the general rule of thumb. Don’t give the police more evidence to arrest you. You do not have to take a preliminary breath test on the side of the road. However, if the police don’t relent and advise that they will get a warrant for your blood if you don’t follow the Michigan Implied Consent law, beware of the risks involved.

Regardless of the situation, your case deserves a vigorous and zealous defense. If you are facing a DUI or a DUI Breath Test Refusal Contact Bill Barnwell of Barnwell Law today for your Warren, Macomb County, Oakland County, Wayne County, or Michigan based DUI and OWI case.

One of my favorite courts to practice in is the 44th District Court that is located in Royal Oak. The 44th District Court handles cases that arise in Royal Oak and Berkley. While I have practiced extensively in courts around Michigan, Royal Oak is considered one of my “home bases.” One of my offices is located directly across the street from the Court and I have served the community myself as a prominent local leader for over 11 years. Furthermore, as a criminal defense attorney I have taken cases to jury trials and have prevailed in Royal Oak. All of this combined brings a level of respect from the Judges, prosecutors, and other court staff. My relationships with all parties in Royal Oak and Berkley is very warm, but my firm has absolutely no problem taking a case all the way and fighting as hard as needed to get a desired result. 

Because Royal Oak is a destination city for socializing, many of the cases we see are alcohol related. I have represented countless DUI and OWI clients in Royal Oak and Berkley. Other common misdemeanor charges include Public Intoxication, various driving misdemeanors such as Driving While License Suspended, Retail Fraud, Assault and Battery, and Domestic Violence to name just a few.

I also have represented many clients on serious felony charges with very good results. If your case is charged as a felony, it will begin in Royal Oak, but will eventually make its way up to the Oakland County Circuit Court that is located in Pontiac, unless the case is dismissed or there is a misdemeanor resolution. Felony cases that go to trial do not go to trial in Royal Oak but will be heard up in Circuit Court. Misdemeanor cases, on the other hand, are fully heard in Royal Oak and if there was a trial, the trial would be in Royal Oak as well. Common felony cases in Royal Oak can include, felony drunk driving, home invasion, drug crimes such as possession or delivery of heroin, cocaine, methamphetamine, and other controlled substances, felonious assault, breaking and entering, and many others. 

While I have gotten clients many amazing outcomes in courts that I rarely practice in, there is certainly a benefit to having an attorney who is extremely familiar with a given court and knows the lay of the land well. If you are charged with a crime in Royal Oak or Berkely, it will either be handled by a local city prosecutor or by the Oakland County Prosecutor’s Office. The case will either be heard by Judge Jamie Wittenberg or Judge Derek Meinecke. Both are excellent Judges though they have different styles. I have a great relationship with each and think highly of them both. Both have treated my clients very fairly in the past.

If you are facing a criminal case of any kind arising out of Royal Oak or Berkley and need a highly experienced criminal defense lawyer, call me immediately at (810) 394-2952. Barnwell Law has consistently secured excellent results out of Royal Oak and countless other courts. 

Being charged with drunk driving, DUI, OWI, OUIL, or whatever other term one wants to call it, is a very scary situation for anyone involved. It’s why you need an experienced criminal defense attorney that will take your case very seriously from start to finish. This is true whether your case is originating out of Warren, MI, Macomb County, or anywhere else in Michigan. There are several different types of Drunk Driving cases:

1. DUI or OWI first offense– This carries with it a maximum possible penalty of 93 days in jail, fines, costs, and driver’s license sanctions.
2. DUI or OWI second offense — This can get confusing. If you have been charged with a second DUI or OWI offense in a 7 year time-frame you will face a 2nd offense. This carries a possibility of up to one year in the county jail, with a mandatory minimum of 5 days in jail, fines, costs, and a mandatory license revocation for one-year. However, if you pick up a second DUI or OWI charge in Warren or Macomb County (or anywhere else in Michigan) outside of the seven year window it will be charged as a first offense, but the court will view it for all practical purposes as a second offense. Meaning they might not be able to impose as much jail time or as stringent license sanctions, but they can and will make your life very difficult if you don’t handle the case correctly.
3. DUI or OWI third offense — This is where matters can get very serious. A third offense at any point in a person’s lifetime is a mandatory felony. Even if the offenses are spaced apart by 10 or 20 years each. For a felony drunk driving or OWI and DUI offense, there is a mandatory minimum of 30 days in the county jail and up to 5 years in the state prison, along with fines, costs, license sanctions, etc.
4. There’s also what is known as a “High BAC” drunk driving and DUI/OWI charge. In Michigan, the legal limit for intoxication is .08. A level of .17 is considered a “High BAC” offense or what is commonly known as “super-drunk.” The higher the BAC, the more concerned the court is going to be. A High BAC or superdrunk charge carries a maximum of 180 days in the county jail (even for a first offense), fines, costs, license sanctions, etc.
5. Here’s another secret many people don’t realize: You don’t have to be at a .08 to be arrested for drunk driving. If you have any amount of alcohol in your system, and an officer subjectively determines you are impaired by the alcohol, you can be charged with something called Operating While Visibly Impaired. Our firm has seen individuals with BAC counts as low as .03 charged with OWVI. An OWVI charge carries with it a maximum of 93 days in jail, fines, costs, and license sanctions.
6. A person can also be charged with Operating Under the Influence of Drugs. For instance, if a person has any amount of marijuana or other drug in their system, even a mere 2 nanograms, and an officer finds this through a blood draw, a person can be charged with drunk driving — even if they were not even objectively impaired! These types of cases often times require the assistance of expert witnesses, but they can be beat.

All of the above doesn’t even begin to get into the collateral consequences of license restrictions for these various offenses, and possible vehicle immobilization, interlock devices, driver responsibility fees, and other consequences which we will cover in future posts.

The point is this: Drunk driving charges are taken very seriously. If are being charged in Warren, Macomb County, or any city or county in Michigan, you need an attorney who is familiar with that court system and handling DUI cases. Even a first offense can result in jail in certain jurisdictions in Michigan. In Macomb County, jail is possible, but unlikely with a strong defense (Note: Certain district courts in Oakland County and other areas are willing to impose jail on a first offense). Jail can even be avoided on a “Super-drunk” or High BAC case with an effective defense. On a second offense, many courts will impose the statutory minimum of 5 days in jail. Certain courts in Macomb County will waive the five days in lieu of community service. On a third offense, 30 days of county jail is a guarantee unless in very rare cases where it can be pled down to a 2nd offense. But there is a big difference between 30 days and five years, which is why a strong defense is so critically important.

DUI and drunk driving defense is a category all unto itself in criminal law. An effective criminal defense attorney does not automatically assume their client is guilty. They can and should get all relevant discovery. This includes police dash cam videos, records of the DataMaster calibration logs used to determine a person’s BAC, understand the science behind blood and breath testing, investigate whether police were justified in the stop, have expert witnesses available to challenge the blood and breath evidence, etc.

Bill Barnwell of Barnwell Law takes all of those measures, including looking at any other applicable defenses (i.e. whether the defendant was actually operating the vehicle under the law). If your case can be beat through a challenge of the evidence, or through a jury trial, our firm will go the extra mile and fight for an acquittal.

However, the vast majority of DUI cases result in a plea. This isn’t because a good defense attorney is lazy. It’s because they have gone through all the possible evidentiary challenges and have determined that your DUI or OWI case is best handled as a “damage control” case. This still requires much hard work to secure a favorable outcome. Many attorneys will just advise their clients to go to AA while their case is pending. Our Attorney has years of experience in the field of counseling and mental health, including helping those with addictions. By employing the Barnwell Defense, your case will have a far better chance at securing a favorable outcome than by employing a standard “Meet em’ and plead em” defense.

If you are going to pay your hard earned money to hopefully maintain your freedom and driving privileges, spend your money on an attorney who knows how to both handle a successful jury trial and do proper damage control if your case is best suited for a plea.

Each Judge in Warren  in the 37th District Court, and every other District Court and Circuit Court in Macomb County has their own style of handling cases. Our Attorney has appeared in front of every single one of them. Call Bill Barnwell of Barnwell Law today at (810) 394-2952 to discuss your drunk driving, DUI, OWI, or any other criminal law or criminal defense matter.

If you’ve been charged with a misdemeanor offense in Genesee County such as DUI, OWI, or drunk driving, or a felony, you are likely very concerned and want excellent defense representation. Genesee County, Flint, and many cities inside Genesee County see a lot of drug and alcohol related cases. Other common misdemeanors in Genesee County and most other courts are drug crimes, including misdemeanor offenses such as possession of marijuana, driving while license suspended, retail fraud, assault, assault and battery, and various other misdemeanor offenses.

Far more serious is felony offenses such as possession of drugs, including heroin, cocaine, and other recreational drugs such as ecstasy, methamphetamine, commonly known as meth, and prescription drugs that are unlawfully obtained. These can be prescription drugs like Vicodin, Xanax, Oxycontin, and various opioid drugs including painkillers.  Possessing these prescription drugs can result in charges such as Possession of Analogues. Other offenses can include Maintaining a Drug House, and various other drug crimes.

Far more serious than drug possession cases, are Distributing and Manufacturing cases. These can carry prison sentences of 7 years, 20 years, or more depending on the substance and the offense. These are much more serious charges than possession charges, but even possession charges are very serious. For instance, possessing any amount of methamphetamine or meth is a maximum penalty of 10 years in state prison.

There are a host of other commonly charged offenses that range from retail fraud, larceny, embezzlement, home invasion, breaking and entering, criminal sexual conduct, sex crimes, homicide, murder, and many other misdemeanors and felonies.  It is important to note that even in major allegations of murder and homicide, defenses exist and a skilled defense attorney is needed for these offenses that can result in life in prison. Sex Crimes, such as allegations of First Degree Criminal Sexual Conduct, 2nd Degree Criminal Sexual Conduct, 3rd Degree Criminal Sexual Conduct, and 4th Degree Criminal Sexual Conduct can be beat. People can be falsely accused. Despite popular perception, there are instances of people wrongfully accused of rape, criminal sexual conduct, and other forms of alleged sex crimes.

The city of Flint has one of the highest homicide rates per percentage of population in the United States. Those accused of violent crimes are sometimes wrongfully accused. But every single accused individual, regardless of how severe the charges or allegations, deserves a dedicated defense and criminal justice attorney. Genesee County has a high rate of alleged felony crimes, and Barnwell Law defends any and all kind of felony cases, as well as misdemeanors.

Our attorney is also a top-rated attorney who has received the highest marks from various attorney review sites. So don’t just take our word for it. Read what actual clients have had to say and the various awards our attorney has received. According to AVVO, a reputable attorney-rating and review site, Bill Barnwell is a 10 rated attorney — the highest rating an attorney can receive. 

Our attorney has handled high-profile cases in Flint and Genesee County. Cities inside Genesee County include: Flint, Grand Blanc, Burton, Clio, Davison, Flushing, Swartz Creek, Mount Morris, Linden, Grand Blanc Township, Genesee, Goodrich, Flint Township, Montrose, Otisville, Fenton Township, Mount Morris Township, Atlas Township, Davison Township, Mundy Township, Gaines, Argentine Township, Vienna Township, Thetford Township, Flushing Township, Clayton Township, Gaines Township, Montrose Township, and Forest Township.

Felony cases in Genesee Township are heard at the 7th Circuit Court in downtown Flint. All felony cases begin in District Court and most are eventually “bound over” to Circuit Court. Misdemeanor cases remain in District Court. The District Courts inside of Genesee County are heard within the 67th District Court. The 67th District Court has branches in Flint, Fenton, Flushing, Grand Blanc, Burton, Mt. Morris, and Davison.

While Flint and Genesee County are considered to have high crime rates, many defendants are unable to afford a lawyer of their choosing. But with skilled and experience defense counsel, you will have a dedicated advocate and defense attorney at your side whether you are facing any kind of misdemeanor or felony. It is worth the money, and you get what you pay for.

It is important to note that Barnwell Law has a state-wide presence and has practiced all throughout Michigan and delivered solid results for clients state-wide.  Genesee County is just one of the many counties that our attorney Bill (William) Barnwell has regular experience fighting for clients. But our attorney has actually lived in Genesee County and has strong roots as a non-profit community leader and now as a top defense attorney and criminal defense attorney for the people of Flint and all throughout Genesee County. And he gets results.

If you are facing a misdemeanor or felony charge in Flint or Genesee County or anywhere else in Michigan, be sure to contact Barnwell Law today at (810) 394-2952. Our attorney is on call 24 hours a day and for emergencies. Retain a respected attorney with results who enjoys advocating for his clients. A private and secure office space is located in Flint to consult with you regarding your case.