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A Few Quick AYL Articles on Interesting Topics: Drunk Driving, PBTs, Possession of Firearms While Intoxicated, and Other Firearm Issues

January 25, 2018 Criminal Law and Procedure

In an a trial on operating while intoxicated charges, the preliminary breath test (PBT) results cannot be used as evidence against a person, except under limited circumstances. But can the prosecution use PBT results in other cases, such as disorderly conduct or possession of a firearm while intoxicated? Read the answer to this question in our article on People v. Booker.

A person is not allowed to possess a firearm while they are intoxicated from drugs or alcohol. But what if you are at home, where you legally own a gun and have a couple drinks to the point of intoxication? Would you be in possession of a firearm while intoxicated? The Supreme Court answered this question on Second Amendment grounds in People v. DeRoche, read our article on the case here.

The right to a concealed pistol license can be lost easily. Most misdemeanors will result in a suspension of your concealed pistol license. What about a conviction for operating while visibly impaired or operating while intoxicated? Would these OWI misdemeanors result in the loss of a CPL? Read our article on Can I Get a CPL with a DUI?

People are allowed to own firearms unless otherwise legally prohibited from doing so. A felony conviction might result in the loss of your ability to own a firearm. Not all felonies will result in the loss of your right to own a firearm though. However, possessing a firearm with a felony conviction could result in serious consequences. Read our article about What is Felon in Possession of a Firearm?

When a person wants to go to trial, they have to decide between one of two types of trials. A person can have a trial with a jury or a trial with a judge alone. A trial with just the judge is called a bench trial. Every person has a constitutional right to a jury trial. However, a person can give up the right to a jury (the prosecutor has to agree). What are the reasons why a person would give up the right to a jury trial and have a judge hear their case? Read about What is a Bench Trial?

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Contact Sam Bernstein at 734-883-9584 or e-mail at

Sam Bernstein is a Criminal Defense Lawyer in Ypsilanti and Ann Arbor.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.

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