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Breath Testing

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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When a Breath Test Refusal is not a Refusal

baronedefenew

How to Win the Michigan Implied Consent Hearing: It should be well know among DUI defense practitioners that there are three kinds of breath test refusals.  The first two are “machine-based” and include those that occur when the subject blows into the DataMaster...

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Finding a Michigan DUI Lawyer | The Breath Test Defense of Breathing Pattern

baronedefenew

There are many reasons why the breath test results in any particular case might be unreliable.  One of these reasons is the breathing pattern itself.  This type of defense might apply where the breath test evidence ticket (OD-80) indicates “refused” or “invalid...

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Radio Frequency Can Cause Falsely High Breath Test Results

baronedefenew

In reviewing videotapes of our client’s DUI arrests we often see cell phones being used in the booking room at the same time that the breath test is being administered.  The problem is that cell phones create radio waves, and these waves...

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Problems with Breath Testing Equipment in Michigan

baronedefenew

If you are arrested for drunk driving in Michigan then you will most likely be asked to submit to a breath test.  The purpose of this test is to determine the amount of alcohol in your body.  The name of the device...

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How Can I Get a Breath Test Thrown Out of Evidence?

baronedefenew

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...

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Secret Method to Beat a Breath Test!

baronedefenew

There’s a secret the police don’t want you to know about breath testing.  A secret so good, that once you know it, you can beat a breath test every time. But before you can understand why this secret works, it’s important to...

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New Technology Promises to End Drunk Driving in Michigan

baronedefenew

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,...

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