The DataMaster machine is housed at police departments.
There are two important things to review about this test.
The DataMaster machine must be properly maintained with documentation. The machine will run an accuracy check at least once a calendar week. The machine will check itself against a “known sample.” The machine will then provide a “ticket” which shows the results. An individual at the police station is responsible for documenting this test and logging it. A thorough review of this machine’s accuracy should be reviewed in every breath case.
Much like the PBT, the police must observe the individual for at least 15 minutes prior to administering the test. Most police departments now have a camera positioned to capture this test. The “booking room” video should be obtained and reviewed in every case to ensure compliance with the administrative rules.
This defense attempts to explain that a person, while having a BAC over .08 at the time of a chemical test, may not have been over the legal limit at the time of actual operation of the vehicle.
For example, a person could have finished a drink and left dinner.
Soon after leaving, that person is pulled over by the police.
The alcohol wouldn’t have had time to metabolize at the time of the traffic stop.
However, due to the administration of SFST’s, travel to the police station, 15-minute wait period, and finally a breath test, the person’s BAC has risen above .08. Hence the term “rising alcohol” defense.
This requires calculations of alcohol consumption, time, weight, and other factors.
Only an experienced DUI law firm can effectively present this defense.
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