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 breath or blood test to confirm roadside test.…
Articles Posted in Breath Testing
New Technology Promises to End Drunk Driving in Michigan
A recent USA Today article describes two different technologies that promise to end the occurrence of drunk driving in Michigan within 5 to 8 years. These include a breath monitoring system that does not require the driver to breathe into a tube, and a sort of fingerprint monitor that measures…
Five Reasons Retrograde Extrapolation Should Not Be Allowed In DUI Cases
I have written previously in this blog about the unreliability of retrograde extrapolation in drunk driving cases. This is an important topic because state experts in drunk driving cases often will come into court and try to convince the jury that the driver’s blood alcohol at the time of the…
Fraudulent Breath Tests Lead to As Many as 4000 Wrongful Drunk Driving Convictions
The lynchpin of Michigan drunk driving prosecution is a reliable breath testing program. Prosecutors have big problems when this reliability is legitimately called into question. This is exactly what has happened recently in Texas where it is reported that between 1200 and 4000 breath tests were fraudulently verified. According to…
Breathalyzers Compromised in 1,147 Drunken Driving Cases
If you’ve been arrested in Michigan for drunk driving then there is an excellent chance that you were asked to take a breath test. If that breath test result was above .08, then the state can use this as the only evidence needed to prove that you had an unlawful…
How to Use Software to Win DUI Cases
Any DUI lawyer who has handled more than a couple dozen Michigan drunk driving cases knows that it is important to know how much alcohol was consumed and how this amount of alcohol impacted his client’s blood-alcohol level at the time he or she was driving. But the driver’s roadside…
How Can I Get a Breath Test Thrown Out of Evidence?
If you were given a breath test after being arrested for drunk driving in Michigan, then it is important to have an attorney verify that the test was given properly. This means verifying that all requirements were followed and adhered to. A failure to do so can result in the…
Use of Breathalyzer Phone Apps Might Cause a DUI Arrest
It is well known that the legal limit in Michigan is .08. This means if the police breath, blood or urine test show that you are at or above .08, you can be convicted of DUI in Michigan – even if you are driving perfectly well! It is not unlawful…
Are Breath or Blood Tests in DUI Cases Ever Wrong?
How to Beat a DUI in Michigan If you are facing drunk driving charges in Michigan, you might wonder if it is even possible to beat a DUI charge. The best defense attorneys know that the answer to this question is an enthusiastic yes! Facing a DUI/OWI is never fun.…