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Articles Posted in Breath Testing

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Infrastructure Bill to Combat Drunk Driving by Requiring Alcohol Monitoring Technology

The bipartisan Investment Infrastructure and Jobs Act (IIJA) seeks to combat drunk driving by requiring all new passenger vehicles be equipped with Advanced Alcohol Monitoring Technology. The drive behind this section of the 2702-page IIJA was led by Michigan Congresswoman Debbie Dingell. MADD also played a significant role in the…

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How to Beat an Breath Alcohol Test – A Comprehensive Guide

Breathalyzer tests are frequently used by law enforcement to measure blood alcohol content (BAC) and determine if a driver is impaired. However, there are numerous ways these tests can be challenged. This comprehensive guide will explore various strategies and insights into beating a breath test. How to Beat a Breath…

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Breathalyzer Tests in Michigan DUI Cases Can be 230 Percent Too High!

According to science, breath alcohol tests in DUI cases can be as much as 230 percent higher than corresponding blood tests. Because blood transports consumed beverage alcohol from the stomach to the brain where it can reach sufficient levels to cause impairment, a person’s blood alcohol level is what really…

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Government Claims Mandatory Use of Interlocks Will End Drunk Driving by 2024

Almost since the uniform adoption of the automobile in the early 20th Century, drunk driving has been a vexing problem. After World War II, as the population began to move to the suburbs and the two-car garage become standard, instances of drunk driving increased. A couple decades later, Mothers Against…

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Prosecutors Stop Using Results from Improperly Calibrated Breath Test Machines

Prosecutors across the state of Massachusetts have stopped using breath test results obtained during drunk driving arrests for tens of thousands of motorists between 2011 and 2017.  The reason is that defense attorneys representing the drivers discovered that breath test machines throughout the state were improperly calibrated.  If was further…

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How Does Drinking on an Empty Stomach Effect My Breath or Blood Test Results?

Generally, when a person drinks on an empty stomach they will reach a higher blood alcohol concentration more quickly, and this higher concentration will last longer, then if the same amount of alcohol is consumed on a full stomach.  This is one reason some people get charged with drunk driving…

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

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 intended to assure that breath tests are reliable. …

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Breath Testing Rules and Regulations in Michigan DUI Cases

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 that a breath test result is reliable and…

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

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 portable breath testers have significant limitations relative to…

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

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 can be a condition of probation. With a…

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