About Breath Tests
With Our Michigan DUI Attorneys
In Michigan, breath alcohol tests must be done in accordance with the procedures established by Michigan’s administrative rules. The rules are important because an improperly administered breath test can have a devastating impact on your DUI/OWI case. In Michigan, officers in every city are required to follow specific rules on how and when to properly give a breath test. If you have been given a breath test and were charged with DUI or OWI, contact one of our DUI lawyers in Michigan today for strong representation.
One of the most important rules is the 15-minute observation period.
An officer can only collect a breath sample after he or she has continuously observed you for 15 minutes. Why is this rule so important? Because a breathalyzer test uses infrared spectroscopy technology to detect the presence of a methyl group in the molecules on your breath. It sounds technical because it is. What this means is that even the smallest trace of alcohol can be detected with a breath test.
For example, one small burp can transport trace amounts of alcohol from your stomach to your mouth, which is enough to cause a false reading on your breathalyzer test. There are other behaviors that the officer should be watching for as well, such as smoking, vomiting, eating, using mouthwash, or placing anything in or near your mouth. Doing any of these things 15 minutes prior to taking the breath test can cause an artificially higher BAC level. In fact, rinsing your mouth with mouthwash is one of the worst things you could do before taking a breath test because some brands contain up to 27% alcohol!
According to the administrative rules, if any of the above happens, the officer is required to wait and observe you for another 15 minutes before giving the test again.
Despite this requirement and the consequences of failing to follow it, some officers will still do paperwork, leave the room, or start the 15 minutes while driving to the police station after a drunk driving alcohol arrest. Catching an officer doing this may be grounds for suppression of the breathalyzer test, which could mean the dismissal of your DUI/OWI case.
A good drunk driving attorney in Michigan must know the rules and know how to find out if they have been broken. Other rules include weekly simulations, four-month calibrations, and proper police officer training and certifications.
This is why strictly following the 15-minute observation period is absolutely essential for an accurate breath alcohol test result.
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