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Breath Testing

Oakland County Circuit Court Judge Throws out .20 Breath Test on Felony Drunk Driving

Apr 11th, 2017 baronedefenew

An Oakland County Circuit Court Judge recently suppressed a DataMaster .20 evidentiary breath test result on a felony drunk driving case.  The judge suppressed the breath test because the police officer who administered the test failed to follow the laws and rules...

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Can Breath Test Results Be Suppressed for Failing to Follow Calibration Requirements?

Dec 22nd, 2016 baronedefenew

Yes, in certain circumstances, a breath test result in a drunk driving case can be suppressed for failure to follow all existing calibration requirements.  Therefore, it is important for your drunk driving defense lawyer to confirm that all existing requirements for calibration...

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Breath Testing Rules and Regulations in Michigan DUI Cases

Dec 8th, 2016 baronedefenew

Michigan’s rules and regulations for breath testing are set forth by law and by administrative rule.  There are also a variety of rules and regulations contained in the DataMaster Evidential Breath Test Manual.  Together these rules and regulations are intended to assure...

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Michigan Court Rules Preliminary Breath Test Results Admissible For Crimes Other Than DUIs

Sep 27th, 2016 baronedefenew

Even before you are arrested, the police in Michigan can often conduct a search of your breath using a portable or preliminary breath test device.  The purpose of these tests is to determine how much alcohol is in your body.  However, these...

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Breath Test Calibration Errors Could Lead to Dismissal of 20,000 DUI Charges

Sep 21st, 2016 baronedefenew

A New Jersey Sergeant was recently suspended and charged with records tampering for failing to properly calibrate the state’s alcohol breath testing devices.  This could potentially call into question as many as 20,000 DUI cases in the state. But this problem is...

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How to Avoid a False Positive on Breath Alcohol Ignition Interlock Devices

Sep 8th, 2016 baronedefenew

Michigan drivers arrested or convicted of drunk driving might be ordered to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their car. Some judges will require a BAIID to be installed as a condition of bond.  Other times, a BAIID...

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Does Michigan’s New Law Require Police to Properly Administer Roadside Sobriety Tests?

baronedefenew

Nearly all drunk driving arrests in Michigan consist of four parts; (1) some sort of bad driving leading to a traffic stop, (2) roadside or “field sobriety tests,” (3) roadside breath test for alcohol, or saliva test for drugs, and; (4) second...

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Find Michigan DUI Lawyer | Violation of Breath Testing Adminstrative Rules Might Lead to Suppression of Results

Sep 2nd, 2016 baronedefenew

The Michigan administrative rules for breath testing require that the breath test operator in a drunk driving case observe the suspect continuously for 15 minutes prior to administering the breath test. The reason the 15 minute rule exists is because it takes...

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Meaning of “INTERFERENCE DETECTED” in DUI Breath Testing

baronedefenew

Michigan exclusively uses the DataMaster to measure the breath alcohol of all persons arrested for drunk driving.  The DataMaster operates on the scientifically accepted principle of absorption of infrared energy. Michigan recently put into service a new DataMaster called the DataMaster DMT. The analytical...

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Ten Ways to Beat a Breath Test

baronedefenew

The vast majority of the approximately 35,000 citizens stopped for drunk driving each year in Michigan are subjected to breath testing in order to provide the State with evidence that they are “OWI” (operating while intoxicated).  Only a very small number of...

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