Michigan DUI Defense Attorney, Patrick T. Barone

DUI Publications

 The DUI Book, (in print, expected release date April 15, 2006) - Hardcover. Inside this book
Press Release– For Immediate Release; New Drunk Driving Book Called First of its Kind.
 Defending Drinking Drivers, Publisher: James Publishing - Published Date: 10/01/1986 - Hardcover. Inside this book

DUI Articles

The Brave New World of DUI Defense, DWI Journal, Law and Science, Vol. 22, No. 6, June, 2007.
Asking the Jury for Justice, DWI Journal, Law and Science, Vol. 22, No. 5, May, 2007.
DUI Discovery and the “126-Day” Rule: A Defense Attorney’s Perspective, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 7, April, 2007.
New Breath Testing Rules Offer Accused Less Protection Against Unreliable Evidence, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 8, May, 2007.
Persuading Juries Using the Six Principles of Influence, DWI Journal, Law and Science, Vol. 22, No. 4, April, 2007.
Using Your Client’s Disability to Cripple the State’s Case, DWI Journal, Law and Science, Vol. 22, No. 3, March, 2007.
Heidi’s Law Removes 10Year Look-Back for Felony Drunk Driving,  SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 5, February, 2007.
Serum Blood Defenses in DUI Cases: Why Serum Doesn’t Tell the “Whole” Story, DWI Journal, Law and Science, Vol. 22, No. 2, February, 2007.
Representing the Out of State Driver, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 4, January, 2007
Using Common Metaphors and Analogies to Win at Trial, DWI Journal, Law and Science, Vol. 22, No. 1, January, 2007.
Crafting Winning Arguments for Your Next OWI Trial, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 3, December, 2006.
Does Anstey Suggest an Expanded Role for Michigan’s DUI Juries?, CDAM The Right to Counsel, Vol. 13, No. 3, Fall 2006.
False Positives or Faulty Science – SCRAM Strikes Back, SADO Criminal Defense Newsletter/DUI Defense Column, Volume 30, No. 2, November 2006.
"Get Your Program Here" DUI Breath Tests, Computers, and Dismissals - Part II, For The Defense (The Bi-Monthly Publication of Tennessee Association of Criminal Defense Lawyers), co-authoried with Tennessee attorney Paul E. Lewis, Vol 21, No. 4. (August-September 2006)
DUI Boating Offenses in Michigan: Which Defense Might Float?, Michigan Beverage Institute Journal, Vol. 23, Issue 8. (August 2006)
Source Code Defenses: Taking the 'Byte' Out of Breath Testing, (Part Two of Two), DWI Journal, Law and Science, Vol 21, No. 7. (July 2006)
"Get Your Program Here" DUI Breath Tests, Computers, and Dismissals - Part I For The Defense (The Bi-Monthly Publication of Tennessee Association of Criminal Defense Lawyers), co-authoried with Tennessee attorney Paul E. Lewis, Vol 21, No. 4. (June-July 2006)
Source Code Defenses: Taking the 'Byte' Out of Breath Testing, (Part One of Two), DWI Journal, Law and Science, Vol 21, No. 6. (June 2006)
Why the Greenfield Opinion is a "Brown Field" for DUI Defendants, Criminal Defense Newsletter, Vol 29, No. 10, July 2006. View a reprint of this article (.pdf format).
Justice Delayed is Justice Denied: Due Process Violations in SCRAM Cases, DWI Journal, Law and Science, Vol 21, No. 4, April 2006.
  The Sauce on Source Codes: Obtaining DUI Dismissals from Software Non-Disclosures, Michigan Beverage Institute Journal, Vol. 22, Issue 10, (October 2005). View a reprint of this article.
 Unlocking the Mystery Behind Breath Testing: The Right of Access to Source Codes, 20 Mich. L. W. 714 (April 17, 2006).
 Unlocking the Mystery Behind Breath Testing: The Right of Access to Source Codes, 20 Michigan Lawyer’s Weekly 714 (April 17, 2006)
 Keeping Retrograde Extrapolation Out of Your Next OWI Trial, The Right To Counsel, Vol. 12, No. 3, pp 13, Fall 2005.
 Understanding Modern Drunk Driving Law Enforcement, A Laymen’s Primer on Standardized Field Sobriety Testing, Michigan Beverage Institute Journal, Vol. 22, Issue 10, October 2005
 Do Standardized Field Sobriety Tests Reliably Predict Intoxication? Knowledge for Drunk Driving Litigation., Michigan Bar Journal; .pdf format (July 2005).
 DWI - Alcohol Monitoring Bracelets: Junk Science or Important Scientific Breakthrough? The National Association of Criminal Defense Attorneys Champion, Vol. 29, No. 4, pg 41-44 (May 2005).
 Using the Confrontation Clause to Win DUI Cases, Illinois State Bar Association’s Traffic Laws & Courts, Vol. 14, No. 2 (January 2005).
 Examining Michigan's New MIP Law, Michigan Beverage Institute Journal, Vol. 21, Issue 9, September, 2004.
 Crawford Objections in DUI Cases: Paper Won’t Cut it Anymore, The Right To Counsel, Vol. 10, No. 3, pp 8-11, Fall 2004.
 Using PowerPoint to Prove Your Point at Trial, Illinois State Bar Association's Tort Trends, Vol. 39, No. 6, June 2004.
 Michigan's New .08 Law Tightens Noose Around Drinking Drivers, Michigan Beverage Institute Journal, Vol. 21, Issue 5, May 2004
 Losing Blood and Liberty on America’s Highways: A Case Review, Criminal Defense Newsletter, Volume 27, No. 8, May 2004.
 08 and Other Changes: 2003 Changes to Michigan's Drunk Driving Laws, Michigan Bar Journal, Volume 83, No. 2, February 2004.
 Understanding Quantitative Blood Alcohol Testing in Drunk Driving Cases, Michigan Bar Journal, Volume 82, No. 8, August 2003.

Lectures / Seminars

Drunk Driving Update – 2007 Bench/Bar Conference, by invitation of the Oakland County Bar Association, April 20, 2007.
 Panel Presentation - Validity of Breathalyzer and Michigan Case Law Update, by invitation of the Michigan License Beverage Association. (September 18, 2006)
 DUI-DWI Seminar,Summer 2006, by invitation of Legal Brand Marketing and presented in Los Angeles, California. (August 26, 2006)
 The Moment of Change, Intervention, sponsored by Foundations Associates and presented in Santa Monica, California, February 20-22, 2006.
 Drunk Driving Defense – Standardized Field Sobriety Testing, by invitation of the Detroit/Wayne County Criminal Advocacy Program, and presented in Detroit on October 7, 2005.
 Mastering Scientific Evidence in DUI/DWI Cases, sponsored by Texas Criminal Defense Lawyer's Association and the National College for DUI Defense, Dallas, Texas, April 28 - 30, 2005 (via DVD).
 New Tips, Tricks and Trends in Drinking & Driving Litigation, Sponsored by the Oakland County Bar Association, and presented in Pontiac as part of the 2nd Annual State of the Law Day, October 29, 2004.
 Drug Recognition Testimony: Don't Let Your Client Get "Fryed" by an Unqualified Expert, Sponsored by Lorman Education Services, and presented in Detroit as part of the Strategies in Handling OWI and OUID Cases in Michigan professional seminar, on October 29, 2004.
 Bottlenecking the Prosecution in a DUI Case: What Every Citizen Should Know if They are Pulled Over, Sponsored by the Michigan Licensed Beverage Association and presented in Kalamazoo, Michigan, on October 4, 2004.
 Felony Driving Issues, Sponsored by the Detroit / Wayne County Criminal Advocacy Program, and presented in Detroit on October 10, 2003.
 Defending the Drunk Driving Case with Blood Intoxication Evidence, Sponsored by Lorman Education Services, and presented in Detroit on July 25, 2003.
 7th Annual NACDL DUI Seminar – DWI Means “Defend With Ingeunuity: Superheros of DUI Defense”, presented in Las Vegas October 16 – 18, 2003 (by digital audio).
5th Annual NACDL DUI Seminar – DWI Means “Defend With Ingeunuity”, presented in Las Vegas October 4 – 6, 2001 (by digital audio).

Television / Media Apperances & Press References

Problem Solvers: Problem Solvers: Reliability of SCRAM Bracelets Questioned, Kerry Birmingham, Fox 2 News, Detroit, May 9, 2007.
 Director’s Dialogue – Michigan License Beverage Association, Vol. 23, No. 12, December 2006.
Off the Press – Detroit Legal News, Tuesday, December 28, 2006
New Drunk Driving Book Called First of its Kind, CDAM, The Right to Counsel, Vol. 13, No. 3, Fall 2006.
 National effort targets drunken drivers, as reported in the following News Papers: Detroit Free Press, The Mercury News and Lexington Herald Leader (Kentucky).
 No dismissal for drunk driving defendants denied independent chemical tests, as reported in: 20 Michigan Lawyer's Weekly, No. 39. (August 14, 2006)
 Barone authors top drunk driving defense treatise, as reported in: 20 Michigan Lawyer’s Weekly, 631, March 27, 2006.
 Channel 4, WDIV, Paula Tutman’s pre-Saint Patrick’s Day report on drunk driving, March 16, 2006.
 Radio Free Ann Arbor, WCBN, 88.3 FM, special guest for the Charmie Gholson Show explaining Michigan’s Operating Under the Influence of Drugs Laws, March 9, 2006.
 New rules on drunken driving unfair, Guest Opinion, The Oakland Press (www.theoaklandpress.com), page A-11; December 18, 2005
 New drunken driving rule is unfair to the accused, HomeTownLife.com, Originally published December 15, 2005
 Cost of drunken driving is very steep, The Oakland Press (www.theoaklandpress.com); Web-posted August 15, 2005
 In the jury room, justice isn't easy, The Detroit News (www.detnews.com); Sunday, August 7, 2005
 Bracelet squeals on drinkers, Device helps enforce sobriety for courts Milwaukee Journal Sentinel, (www.jsonline.com); Web-posted July 3, 2005.
 Practical Law, Cable Channel 15; Guest Appearance to Discuss DUI Defense Tactics, June 2004

Professional Memberships & Activities

 Member of the Michigan Bar Association since 1991;
 Member of the Illinois Bar Association since 1992;
 Member of the Michigan State Bar Association's Criminal Law Section;
 General Member of the National College of DUI Defense;
 Member of National Association of Criminal Defense Lawyers;
 Served by special appointment to the Circuit Court Committee / Oakland County Bar Association 1991 - 1999;
 Prior Roster Attorney, Michigan Appellate Assigned Counsel System, and;
 Prior Mentor, Oakland County Circuit Court Criminal Assigned Counsel System.

Special Awards/Expert Qualifications

 Dui-Help.com 2006 Award of Excellence
 Expert Witness - Police Officers’ Field Sobriety Testing Protocols - Mr. Barone was recently qualified as a court expert thus allowing him to testify before a jury regarding issues relating to standardized and non-standardized field sobriety tests and DUI detection procedures. He is believed to be the only attorney in Michigan who has been so qualified.

Education

 Juris Doctor, 1991, Detroit College of Law at Michigan State University
 Clerkship: Full time position with the Honorable Richard D. Kuhn, Oakland County Circuit Court,1988-1991. Assisted the Judge and Staff Attorney in the research and analysis of cases presented for motion call and then prepared drafts of the Court's final opinions and orders; administered the Court's civil and criminal dockets; supervised junior clerk; reviewed submitted proposed orders prior to Judge's signature.
 Internship: With the Honorable John N. O'Brien, Oakland County Circuit Court, summer term, 1990. Assisted Judge O'Brien in the research and analysis of a variety of legal issues and prepared pre-motion memoranda for the Court's use.
 B.S. Biology, 1987 Oakland University, Rochester, MI

Advanced Level Training Programs

National College for DUI Defense, 2007 Summer Session, July 18-21, 2007, Harvard Law School, Cambridge, MA.
NHTSA/IACP Standardized Field Sobriety Testing Practitioner Certification Course, Presented in conjunction with Michigan DUI Lawyer’s Association, Conducted on June 22-24, 2007, Romulus, Michigan.
Mastering Scientific Evidence in DUI/DWI Cases, Sponsored by Texas Criminal Defense Lawyer's Association and the National College for DUI Defense, Dallas, Texas, April 19 - 21, 2007 (via DVD).
National College for DUI Defense, 2007 Winter Session, Tucson, Arizona,  January 18-20, 2007.
 National College for DUI Defense, Summer Trial College, Harvard Law School, Cambridge, MA., July 19-22, 2006.
 Mastering Scientific Evidence in DUI/DWI Cases, Sponspored by the Texas Criminal Defense Lawyers' Association and the National College for DUI Defense, Dallas, Texas, March 30-April 1, 2006 (via DVD).
 Practice Makes Perfect: The Art of Perfecting DUI Defense, National College for DUI Defense, 2006 Winter Session, January 20-22, 2006.
 Under the Microscope: Beating DUIs with Science, co-sponsored by NACDL/NCDD and presented in Las Vegas, September 29 – October 1, 2005.
 National College for DUI Defense, 2005 Summer Session, July 20-24, 2005, Harvard Law School, Cambridge, MA.
 BAC DataMaster and Basic Science of Evidential Breath Alcohol Testing, Sponsored by National Patent Laboratories and held February 10-12, 2005.
 National College for DUI Defense, 2005 Winter Session, "Duty, Honor & Success", January 20-22, 2005.
 DWI Means Defend With Ingenuity, Presenting a Gold Medal Defense, NACDL/NCDD 2004 DUI Seminar, via digital audio.
 National College for DUI Defense, 2004 Summer Session, July 21-24, 2004, Harvard Law School, Cambridge, MA.
 NHTSA/IACP Standardized Field Sobriety Testing Instructor Certification Course, Conducted on March 9-13, 2004, Atlanta Georgia.
 NHTSA/IACP Standardized Field Sobriety Testing Practitioner Certification Course, Conducted on January 16-18 2004, Atlanta Georgia.
 DWI Means Defend With Ingenuity, Superheroes of DUI Defense, NACDL/NCDD 2003 DUI Seminar, via audiotape.
 Mastering Scientific Evidence in DUI / DWI Cases, sponsored by Headlines Marketing and the National College for DUI Defense, Atlanta, Georgia, April 10 - 12, 2003.
 DWI Means Defend With Ingenuity, Skills That Win Cases: NACDL/NCDD 2002 DUI Seminar, via audiotape.
 Drunk Driving Defense Update, 2001: via audiotape, sponsored by the Sponsored by Institute of Continuing Legal Education.
 Criminal Procedure and Practice, 2001: via audiotape, sponsored by the Sponsored by Institute of Continuing Legal Education.
 OUIL 3rd and Repeat Offender Statues After One Year, presented by the Oakland County Bar Association, November 21, 2000.
 Drunk Driving Defense Update 2000, sponsored by Institute of Continuing Legal Education, September 29, 2000.
 Preserving Federal Appellate Issues at the Trial Court Level, sponsored by Oakland County Bar Association, September 19, 2000.
 Child Abuse Cases: Specifically Shaken Baby, sponsored by Oakland County Bar Association, July 18, 2000.
 College on Problems of Drug Dependence, 62nd Annual Scientific Meeting, San Juan, Puerto Rico, June 17-22, 2000.
 The Defense of Entrapment and the Use of Confidential Informants, sponsored by Oakland County Bar Association with Judge Wendy Potts of the Oakland County Circuit Court presenting, May 15, 2000.
 Difficult DUI's & Tragic Consequences, NACDL/NCDD DUI Seminar presented in Las Vegas, Nevada, 2000, via digital audio.
 Sentencing Guidelines, sponsored by Oakland County Bar Assn., December 21, 1999.
 Polygraphs and Datamasters, sponsored by Institute of Continuing Legal Education, December 3, 1999.
 U.S. Supreme Court Criminal Law Update, sponsored by Criminal Advocacy Program of Wayne County, December 3, 1999.
 Legal Research using the Internet, sponsored by the State Appellate Defender Office, November 18, 1999.
 Conduct of Criminal Trials, sponsored by Oakland County Bar Assn., November 16, 1999.
 Serology and DNA Evidence, sponsored by Criminal Advocacy Program of Wayne County, November 12, 1999.
 Bring Your Case to Life for Judges and Juries: Winning Ways to Use Demonstrative Evidence, sponsored by Criminal Advocacy Program of Wayne County, Octobers 22, 1999.
 Rules of Evidence, sponsored by Oakland County Bar Assn. with Judge Jessica R. Cooper of Oakland County Circuit Court presenting, October 19, 1999.
 Handling the Waived-Juvenile Case, sponsored by Criminal Advocacy Program of Wayne County, October 15, 1999.
 1999 Drunk Driving Defense Update, via audiotape of Institute of Continuing Legal Education seminar offered October 12, 1999.
 Pretrial Motions in Criminal Law, sponsored by Oakland County Bar Association with Judge Steven Andrews of Oakland County Circuit Court presenting, June 15, 1999.
 Preliminary Examinations, sponsored by Oakland County Bar Association with Judge Brian MacKenzie of the Novi District Court presenting, April 20, 1999.
 DWI Means "Defend with Ingenuity," NACDL/NCDD DUI Seminar presented in Las Vegas, Nevada, 1999, via digital audio.
 Michigan Sentencing Guidelines: Issues, Strategy and Challenges, sponsored by Oakland County Bar Assn, November 18, 1998.
 Advanced Criminal Defense Practice Conference, Traverse City, Michigan, November 6, 7, 8 1998.
 1998 Drunk Driving Defense Update: Institute of Continuing Legal Education, September 11, 1998 (afternoon seminar).
 Trying the Drunk Driving Case: Institute of Continuing Legal Education, September 11, 1998 (morning seminar).
 The Ultimate, in DUI Defense, Mastering Science, Maximizing Success, NACDL/NCDD DUI Seminar presented in Las Vegas, Nevada, 1998, via digital audio.
 Defending DUI Cases: Insights from the Masters, co-sponsored by NACDL/NCDD and presented in Las Vegas Nevada 1997. (via digital audio).
 Michigan Appellate Advocacy/Orientation, sponsored by the State Appellate Defender Office, November 2, 3 1994.