Breath Alcohol Testing Defenses for Michigan DUI Cases
A driver of a motor vehicle with a bodily alcohol content (BAC) of .08 percent or above is guilty of operating while intoxicated (OWI) or more commonly known as DUI or Drunk Driving.
The two predominant ways to determine a BAC is from a breath alcohol test or a blood alcohol test. The most common way to determine BAC in a drunk driving prosecution is a breath alcohol test. The only breath alcohol test that can be used as evidence against an accused in Michigan is called a Datamaster. There are two types of Datamasters; the BAC and the newer DMT.
While a blood test is arguably more accurate and reliable, the breath test for BAC is more commonly used because…
- the test is easier to administer,
- can be used by non-medical personnel, is less physically intrusive to the person taking the test, and
- produces results faster.
However, under certain circumstances, breath tests can be less than reliable as an accurate measure of BAC.
The Datamaster, a machine used in the police station after a person has been arrested, tests the alcohol content of a person’s breath. There are many ways to attack the accuracy and reliability of this test. Below are several detailed ways an attorney can challenge the Datamaster test.
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Barton Morris is an attorney who is thoroughly familiar with proper testing procedure and the science behind all breath alcohol tests in the State of Michigan. Therefore, he knows how to effectively challenge the tests in court to a prosecutor, judge or a jury.
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