Breath Testing
Prosecutors Stop Using Results from Improperly Calibrated Breath Test Machines
Sep 25th, 2018 PBaroneProsecutors 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...
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How Does Drinking on an Empty Stomach Effect My Breath or Blood Test Results?
Sep 12th, 2018 PBaroneGenerally, 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...
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Researchers Silenced after Expressing Doubt about Breath Test Instrument’s Reliability
May 15th, 2018 PBaroneModern breath test instruments used in the investigation and prosecution of alleged drunk drivers are specialized computers that, like all computers, run on a program. The instructions contained in these programs, called source code, tell the breath test instrument what to do...
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Oakland County Circuit Court Judge Throws out .20 Breath Test on Felony Drunk Driving
Apr 11th, 2017 baronedefenewAn 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 baronedefenewYes, 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...
Read MoreBreath Testing Rules and Regulations in Michigan DUI Cases
Dec 8th, 2016 baronedefenewMichigan’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...
Read MoreMichigan Court Rules Preliminary Breath Test Results Admissible For Crimes Other Than DUIs
Sep 27th, 2016 baronedefenewEven 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...
Read MoreBreath Test Calibration Errors Could Lead to Dismissal of 20,000 DUI Charges
Sep 21st, 2016 baronedefenewA 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...
Read MoreHow to Avoid a False Positive on Breath Alcohol Ignition Interlock Devices
Sep 8th, 2016 baronedefenewMichigan 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...
Read MoreDoes Michigan’s New Law Require Police to Properly Administer Roadside Sobriety Tests?
baronedefenewNearly 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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