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Michigan Breath Test Defenses

Clients and other attorneys often ask me, "how is it possible to be beat a breath test?" In other words, how can you beat the box? I can tell you after many jury trials involving breath test cases, where I have received not-guilty verdicts, that it can be done. Breath test cases can be won in court before juries.

Basically, there are three different areas of possible defenses for any breath test case. The first is, those that relate to the machine itself. The prosecutor must show that the equipment was properly setup, maintained, and kept in proper working order. If the prosecutor can't meet his burden of proof with regard to those three areas, then it's possible that the jury will find that the result is not reliable and return a not-guilty verdict.

On the other hand, if we can show that there was operator error, then we can show that the police officer did something wrong in the way he or she administered the test to you. That can also lead to a reasonable doubt with regard to the reliability, which then leads to a not-guilty verdict.

The third area of potential defenses are those that relate to you personally. In other words, is there something about you, or your medical condition that could lead to a false high result. During our interview process we will be asking you, or have asked you, to take a medical questionnaire. We will use that information in developing a defense to your breath test.

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