Can Breathalyzer Results Be Challenged?


Michigan DUI Defense Attorneys Challenging DataMaster Breathalyzer Test Results in Ann Arbor, Detroit, Grand Rapids, Lansing, and Throughout the State

This is a typical question asked by individuals who have taken a roadside (preliminary breath test) or DataMaster breathalyzer test at the police station or jail and blew over Michigan's legal BAC limit of 0.08%. Anyone over the age of 21 who blows over this limit in Michigan will be charged with DUI. In Michigan, individuals younger than 21 are not allowed to operate a motor vehicle with any level of alcohol in their blood. If you have failed a breath test or been arrested for driving under the influence of alcohol, we urge you to contact our skilled team of Michigan DUI attorneys immediately.

The results of roadside breath tests or those administered at the police station are not always accurate. The test administered at the police station is more critical, because the results are scientifically proven to be more accurate. However, these results may still be challenged.

Michigan Breathalyzer Tests for Drunk Driving

There are various testing methods which can measure the blood alcohol content of a person's body, including breath, urine, and blood tests. However, breath tests are the most common types of tests administered because they are more easily administered, are not as physically intrusive to the individual taking the test, and can be used by personnel who are not medically trained. Additionally, obtaining results is faster with a breath test than with other testing methods.

The results of roadside or preliminary breath tests are generally inadmissible in court, because the results can be highly inaccurate. While secondary tests administered at the jail or police station are considered more accurate, results may still be challenged if you blew over the limit depending on the circumstances. These tests must be properly administered; equipment used to perform the test must be properly maintained and calibrated as well, or the results of the breath test could be skewed. It is critical that you work with a DUI defense attorney who is skilled and experienced in the area of breath tests, and who will work to not only discover potential flaws in the administering of tests or inaccurate results, but fight a wrongful drunk driving conviction as well.

Challenging Results of DataMaster Breath Tests

In the event that you do blow above the state's legal BAC limit of 0.08%, it does not automatically mean you will be charged and convicted of DUI. As with any equipment and the individuals who operate that equipment, potential flaws exist. Only certified operators are allowed to administer breath tests using the DataMaster machine. Additionally, police must observe you for fifteen minutes prior to the test being administered. Before giving you the breath test, the machine must be purged to ensure any residual substances are removed, and the display shows .000. It is also important to note that if you have an odor of alcohol, it can cause a false reading on the DataMaster machine; therefore, the individual administering the test should remove you from the immediate vicinity until purging of the equipment is complete.

When accused of drunk driving, breath tests are often an unreliable method for determining blood alcohol content. At Grabel & Associates our Michigan DUI attorneys work aggressively to challenge evidence, which may result in penalties including substantial fines, jail time, and driver's license suspension. If you blew over the limit the result may be valid, or it could be the result of improperly calibrated equipment or errors on the part of the operator. There are other factors, which may impact the results as well; our goal is to help you avoid criminal charges or have charges reduced when possible.

Never assume that the results of a breath tests are concrete, particularly when you believe your BAC was not over the legal limit. At Grabel & Associates, our mission is to protect your legal rights and your freedom. We know how to challenge results of breathalyzer tests; we will work diligently to deliver the results you expect. Contact us today online or at 1-800-783-4448.