Grand Rapids Breath Testing in DUI Cases

Breath testing is a critical component of DUI enforcement in Michigan. Under state law, drivers over 21 years old can be charged with operating while intoxicated (OWI) if their blood alcohol content (BAC) is 0.08% or higher. For drivers under 21, the Zero Tolerance Law imposes a much lower legal limit. If you submit to a breath test and your results exceed the legal limit, you can be arrested and charged with DUI in Grand Rapids. Understanding the procedures and challenges of breath testing is essential for building a strong defense.

To determine BAC, law enforcement agencies typically use three types of tests: breath, blood, and urine. Among these, breath testing is the most commonly employed due to its speed and ease of administration. However, there are two distinct breath tests you may encounter during a DUI investigation:

1. Preliminary Breath Test (PBT):This portable, roadside test is used to establish probable cause for an arrest. The results are often inadmissible in court due to their lower accuracy and reliability. However, in certain cases, prosecutors may seek to introduce these results to counter defenses like "rising blood alcohol."
2. Stationary Breath Test:After an arrest, a more accurate breath test is conducted at the police station or detention center using a DataMaster machine. This tabletop device provides results that are admissible in court as evidence of intoxication. It is crucial to scrutinize how this test was administered, as errors can undermine the validity of the results.

Michigan administrative rules set strict protocols for administering breath tests to ensure their accuracy and reliability:

• Two Samples Required: Police must typically collect two breath samples during testing. However, courts have ruled that a single valid sample may suffice. If two samples are taken, the results must fall within an acceptable range of error. Discrepancies outside this range could render the test results inadmissible.
• Machine Maintenance: The prosecution must prove that the DataMaster device was properly calibrated, maintained, and functioning correctly at the time of testing. Any lapse in maintenance could cast doubt on the reliability of the results.
• Blowing Technique: The way you blow into the DataMaster can also affect the results. For example, blowing too hard may cause a pressure malfunction, while hyperventilating or leaning forward could result in artificially inflated BAC readings.

Breath tests are not infallible, and there are several defenses your attorney can raise to challenge their validity:

• The machine was improperly calibrated or maintained.
• The officer administering the test did not follow protocol.
• External factors, such as certain medical conditions or improper technique, affected the results.
• The "rising blood alcohol" defense argues that your BAC was below the legal limit while driving but rose afterward.

If you have been subjected to breath testing in Grand Rapids, securing skilled legal representation is crucial. An experienced DUI attorney can examine the circumstances of your case, identify weaknesses in the prosecution’s evidence, and build a tailored defense strategy to challenge the validity of the test results.

At Barone Defense Firm, we specialize in defending DUI cases and are well-versed in the technicalities of Michigan’s breath-testing procedures. Contact us today for a free consultation and take the first step toward protecting your rights and future.