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Breath Testing

Prosecutors Stop Using Results from Improperly Calibrated Breath Test Machines

Sep 25th, 2018 PBarone

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...

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

Sep 12th, 2018 PBarone

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...

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Researchers Silenced after Expressing Doubt about Breath Test Instrument’s Reliability

May 15th, 2018 PBarone

Modern 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 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?


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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