If your case involves use of a Breathalyzer Test, you should have your case reviewed by an attorney to see whether the results are admissible and how it affects your case.
So What Is a Breathalyzer Test?
In most OWI cases, you are asked to take a Breathalyzer test. Generally, there are two types of tests:
PBT - Preliminary Breathalyzer Test
This test is typically administered at the scene of a traffic stop using a portable PBT Unit. It is generally NOT ADMISSIBLE as evidence at trial of a OWI case, and is generally used to determine whether or not to arrest a person for a drinking and driving charge.
Evidential Breathalyzer Test
This test is typically administered at the police station or jail. The machine used is a DATAMASTER, and the results can often be admitted into evidence at trial. Procedures for operation of the machine require administration of at least two tests (unless there is a refusal).
What Does The Test Do?
The Breathalyzer Test measures the % of alcohol by volume of the air which goes through the machine. The DATAMASTER first runs a blank test, to verify that there is no measured alcohol in the machine, then you are asked to blow into the machine. Afterwards, the machine again runs a blank test.
What Do The Results Mean?
In Michigan, certain presumptions attach to results from a Breathalyzer Test result. Typically you are given a pink slip of paper showing the results. Certain results can create a presumption of being under the influence:
|
.00 to .02 |
No Action For Drinking & Driving (However, note exceptions for CDL drivers and persons under 21) |
|
.03 to .08 |
Presumption of Impaired Driving (OWI), however, depending on circumstances can be .00 to .08 |
|
.08 or more |
Presumption of OWI (Intoxicated) |
Did The Police Follow The Rules?
Issues surrounding the Breathalyzer Test can involve whether the police followed the rules for giving a test. These questions can involve:
- Did the officer observe the Defendant for 15 minutes prior to the test?
- Is the administering officer a Class II or Class III Operator?
- Has the DATAMASTER machine been regularly calibrated in accordance with Michigan State Police rules and procedures
- Was the Defendant read their rights with respect to an independent blood or urine test?
Failure to follow the rules for administration of a Breathalyzer Test can result in a better plea or even a dismissal. If your case involves use of a Breathalyzer Test, you should have your case reviewed by an attorney to see how it affects your case. To know whether or not you have any legal issue with a Breathalyzer, you should consult an attorney. You can call Thomas J. Tomko at 586-795-8822 to make an appointment and have your specific facts reviewed. Don't get railroaded into a plea before knowing your rights to see whether you have a valid defense.
