Help Is Available Now, Contact 24/7 877-MY-CRIME


Blood test results in a drunk driving case can often result in an even higher blood alcohol result than a breath test.  Moreover, the blood is drawn by a medical professional trained in the proper methodology for blood draws.  Nevertheless, it's important for your attorney to place all of his or efforts in confronting the result and coming up with creative legal ways to keep the blood test result from being used in court against you.  There are many ways lawyers can challenge the science behind the result and these challenges can be very effective.  However, aside from examining these options, there are many ways to keep the blood test result from being used by challenging the search warrant that authorized the blood draw in the first place.  To fully understand this section, some background is important:

            When you're arrested for Operating While Intoxicated (OWI) in Michigan.  You may be asked to submit to a breath test after your arrest.  By law, you are free to refuse the breath test; however, doing so will usually compel the arresting officer to secure a search warrant from a judge or magistrate.  If the officer secures a search warrant, you will be forced to have blood drawn by a medical professional.  Before a search warrant for your blood can be obtained, the arresting officer must present to the judge the facts and circumstances that he/she believes supports the belief that you are drunk, and that a blood draw will reveal the all-important blood alcohol level that supports the belief that you are intoxicated.

How does the officer present these supportive facts to the Judge?  The officer can present oral testimony and written information.  In other words, the officer can tell the Judge why he/she believes a blood draw will reveal you're drunk.  The officer will also present an affidavit with written facts that also support the belief you were intoxicated.  It's just not practical for an officer to appear before a Judge in person to swear, under oath, to the facts in support of a warrant request; after all, many drunk driving arrests happen at odd hours when the courts are closed.  It's also important for a warrant to issue quickly in order for an arrestee's blood alcohol not to dissipate before the officer has a change to get the blood drawn.  For these reasons, Michigan law allows an arresting officer to request a warrant by calling a judge or magistrate and his or her home.  In fact, most courts have “on-call” judges assigned to take officer calls for search warrant requests on off hours.

Calling a Judge does NOT, however, do away with the legal requirement that the requesting officer be placed under oath before he or she presents facts to the judge in support of the blood draw search warrant.  In Michigan, when a police officer requests a warrant electronically (i.e., by phone or fax), that officer MUST be 1) placed under oath by the Judge or Magistrate reviewing the officer's information; and 2) the officer requesting the warrant must sign the affidavit that will eventually be submitted to the “on-call” judge for review.  Failure to comply with these requirements will render any warrant invalid.  If the warrant is not properly obtained, then the blood results that were secured against you cannot be used in court.  At 3 am, an officer's phone call to a groggy judge or magistrate can result in technical violations of the search warrant requirement that will work to your benefit.

In a recent case, Attorney Awad was retained by a client whose blood draw resulted in a .25 blood alcohol level. - more than 3 times the legal limit in Michigan!  It became imperative to find a way to keep the blood test result from being used in court.  Attorney Awad obtained the in-car video of the client's arrest and jail booking.  After careful review of the officer's communications to the on-call Magistrate, it was clear that the Magistrate neglected to administer an oral oath to the officer on the other end of the phone.  Rather than being placed under oath via telephone, the officer simply jumped into all of the reasons why the believed a warrant for blood was justified.  The magistrate on the other end of the phone agreed and the officer subsequently sent a signed affidavit requesting a search warrant to draw the client's blood.  The magistrate signed a search warrant authorizing the blood draw and, once the officer secured the warrant via fax, he transported the client to a local hospital and forced the client to draw blood.

When Attorney Awad demonstrated video evidence to the prosecutor that the Magistrate failed to administer an oath to the officer requesting the warrant, it became clear that the warrant was invalid, and, as such, the .25 result could NOT be used in court.  Rather than conduct a trial without the ability to use the blood alcohol result, the prosecutor opted instead to dimiss the drunk driving charge against his client!  An OWI legal victory for the client made possible by a lawyer's keen understanding of OWI law and an attention to detail that revealed a fatal flaw in the prosecutor's case!

If you've been arrested for OWI in Michigan and had your blood drawn by search warrant, find a drunk driving attorney with the expertise to challenge the warrant and result.  If the blood test result can't be used because the warrant requirement laws were violated, your chances of successfully avoiding a drunk driving conviction can dramatically increase!  Call Attorney Awad at (734) 507-1333 for a free and confidential evaluation of your drunk driving case.  Finding the right lawyer with the right skill set will make all the difference.  Call today.

Pulled Over? Here is How to Handle It

Posted by Joseph Awad | Nov 27, 2018 | 0 Comments

What is the correct way to handle a traffic stop? We are certain that many drivers wished they had had this article to read before their own traffic stop. No matter who you are or what kind of driver you consider yourself to be, traffic stops are always stressful and for many, quite frightening....

Under the Influence? What to know about Marijuana

Posted by Joseph Awad | Jan 29, 2015 | 0 Comments

Marijuana laws can be confusing; in some states, recreational marijuana is no longer criminalized.  But in Michigan, recreational marijuana is illegal.  Alcohol, on the other hand, is legal.  Yet should you get caught driving intoxicated, there are serious legal consequences. How much marijuan...

The Difference between Felonies and Misdemeanors

Posted by Joseph Awad | Jan 23, 2015 | 0 Comments

How can a layperson tell the difference between a felony and a misdemeanor? To begin with, the terms “felony” and “misdemeanor” are characterizations of the seriousness of a crime. All states label crimes by their level of seriousness, and felonies and misdemeanors are the two main categories. ...

What Happens If I Get a OWI In Michigan?

Posted by Joseph Awad | Jan 19, 2015 | 0 Comments

OWI- the letters we don't want to see on any correspondence or ticket received from law enforcement. Driving under the influence of any substance, legal, or illegal, is unsafe, quite dangerous to you and others, and just plain old bad decision making. Having an OWI on one's driving record is a r...

The Truth about Tricking a Breathalyzer Test

Posted by Joseph Awad | Dec 15, 2014 | 0 Comments

Breathalyzers came onto the scene quite a few years ago, and thanks to this form of technology, many drunk drivers have been tested and faced fines and punishment for driving under the influence. There are many tall tales and misconceptions about what a breathalyzer is capable of. Drivers often...

Can The Police Force Me To Take Field Sobriety Tests

Posted by Joseph Awad | Jun 09, 2014 | 0 Comments

Most people are not aware that field tests are completely voluntary! My experience with Michigan OWI arrests is that most people who are pulled over are just too nice to tell the police they do not want to take field tests. As a matter of fact, you should always decline to take field sobriety tes...

Can An Officer Take Blood Even After a Refusal To Give It?

Posted by Joseph Awad | Sep 21, 2012 | 0 Comments

If you refuse to take a breath, blood, or urine test offered by the police officer after your arrest, he or she cannot take it without your consent. However, in almost every case, an officer will seek a court order, or warrant, for the involuntary taking of your blood by a qualified medical profe...

Our Article On First-Offense DUI Laws Up On

Posted by Joseph Awad | Sep 21, 2012 | 0 Comments

We have just published an article on that gives an overview of Michigan first offense DUI laws. The article explains that in Michigan, driving under influence is a serious crime, and a defendant who was found to operate a vehicle while intoxicated due to alcohol can face heavy fines, l...

New article on First offense DUI Laws in Michigan

Posted by Joseph Awad | Sep 14, 2012 | 0 Comments

Check out this article about Attorney Joseph F. Awad's knowledge of first offense DUI laws and how he can help you receive a favorable legal outcome. If you are facing your first DUI charges, Attorney Awad can often help you minimize or altogether avoid the consequencesof a first offense DUI, i...

‘Super Drunk’ Law Targets Drunk Drivers

Posted by Joseph Awad | Mar 27, 2012 | 0 Comments

The Michigan city of Bloomfield Hills has taken another step in the war against drink driving. The city recently voted to put the “super drunk” law into effect locally. The “super drunk” law primarily targets first time offenders which have a BAC level of .17 or higher, which is twice the legal l...

Underage Drinking and Driving Charges In Michigan

Posted by Joseph Awad | Dec 27, 2011 | 0 Comments

What can underage drivers be charged with in the state of MI if they are caught drinking and driving? As is the case with many states, there is a zero tolerance policy when it comes to underage drivers and bodily alcohol content. What does “zero tolerance” mean exactly? Zero tolerance means that...

Fixing Michigan’s Infrastructure

Posted by Joseph Awad | Nov 08, 2011 | 0 Comments

An editorial in the Lansing State Journal argued today that Michigan's infrastructure is on the verge of becoming dangerously badly-maintained. Aside from dramatic and deadly failures such as bridge collapses, roads in bad condition can take an extra toll on individuals and businesses in car mai...

Smart Phone Apps that Warn Drivers of DUI Checkpoints

Posted by Joseph Awad | May 11, 2011 | 0 Comments

Google and Apple are under increasing scrutiny after RIM, maker of blackberry devices, removed applications from its devices that could be used to warn drivers about DUI checkpoints. That was back in March. Now Google and Apple, who together manage mobile application “stores” for 85% of the mobi...

Detroit Reacts to Latest Census Numbers

Posted by Joseph Awad | Mar 25, 2011 | 0 Comments

The latest census numbers are in for Detroit and they're not good–but the response is. The mayor of Detroit Dave Bing has pledged to fight the numbers. The census reported that Detroit's population had shrunk 25%, down to 713,777. But Detroit suffered from similar low numbers in 2000, prompted th...

The ATPA’s List of Most Stolen Vehicles in Michigan

Posted by Joseph Awad | Mar 04, 2011 | 0 Comments

The Automobile Theft Prevention Authority, or the ATPA, is a association that assesses and analyzes car theft in order to prevent it. They establish plans for financial support to combat car thefts and grants for theft prevention teams. By their own accounts they've helped significantly reduce ve...

Bullet-proof Glass at Detroit Police Substations

Posted by Joseph Awad | Jan 31, 2011 | 0 Comments

The Detroit Police have made little or no effort to protect police substations in the City of Detroit. In almost every precinct, there is no bullet-proof separating the public from the police. These stations are open practically every hour of the day and night without any real regard for securit...

Troy, Michigan Passes Restrictions on Distracted Drivers

Posted by Joseph Awad | Jan 05, 2011 | 0 Comments

If you're driving in Troy, Michigan, then you better pay attention. The city recently passed one of the most stringent distracted driving ordinances in the nation. Text messaging and talking on cell phones while driving is illegal, but that's old news – the new law aims to curb any activity that ...

Annual Study Names Most Dangerous Cities in the US

Posted by Joseph Awad | Nov 22, 2010 | 0 Comments

On Sunday Nov. 21st, CQ Press released their latest annual study of crime in major U.S. cities. According to the study, in 2009 St. Louis was the most dangerous city in the United States, with a crime rate almost five times the national average – over 2,000 crimes per 100,000 residents. The most...


Posted by Joseph Awad | Oct 28, 2010 | 0 Comments

Everyone arrested for a Michigan DUI fears going to jail for drunk driving. Although jail can never be ruled out, it isn't usually imposed on a first offense, barring some notableexceptions. The concern of jail time is more relevant on a second or subsequent DUI offense and can vary in length dep...

Getting Your License Back: Covering Your Bases

Posted by Joseph Awad | Oct 28, 2010 | 0 Comments

Multiple drunk driving convictions will eventually land an individual before the Secretary of State for a license restoration. Yet, there are so many small hangups that can catch up with you at a license hearing that can keep you off the road for a very, very, long time. Consider the following nu...

Identifying Ways to Strengthen Your DUI Case

Posted by Joseph Awad | Oct 28, 2010 | 0 Comments

At a license restoration hearing yesterday, I was representing my out of State client in petitioning the State of Michigan to release his Michigan “hold” for multiple drunk driving convictions; a clearance in Michigan would then allow him to obtain driving privileges in his home state. There were...


Posted by Joseph Awad | Oct 28, 2010 | 0 Comments

It's no surprise that a police officer typically writes a DUI police report in a way that supports his decision to arrest you. It should also come as no surprise, then, that many police reports contain exaggerated facts and false information about your DUI arrest. Obtaining the officer's in-car ...


Posted by Joseph Awad | Oct 28, 2010 | 0 Comments

Michigan DUI law requires an officer to visually observe a drunk driving suspect for 15 minutes prior to the administration of a breath test. The “observation period” is in place to ensure the suspect has not burped, belched, regurgitated, or placed anything in his or her mouth. Yet, mouth alcoho...

  • 1 of 2

Your OWI/ Criminal Defense Lawyer

Being arrested for drunk driving (OWI) or any criminal offense can be very scary; but bouncing back better than ever starts with finding the right attorney - a lawyer who understands you and the charge you're facing. Having handled countless cases across Michigan has earned me the reputation, expertise, and understanding to navigate your case the right way. As as solo practitioner, your case is my top priority. It will remain my top priority as I work every angle to accomplish our mutual goals of keeping your record clean, avoiding jail, and maintaining your driving privileges. Work and family are top priorities; everything I do for you is an extension of the many responsibilities you have and the people who rely on you. Call today for the peace of mind of consulting a legal expert best suited to keeping your life moving in the right direction.