Call Us 24/7 For Help
Patrick T. Barone
The DUI Book
A Michigan Citizen's Handbook on Fighting a Drunk Driving Case
Receive a Free Copy
of The DUI Book.
Michigan Breath Test
In Michigan, it is unlawful to drive a motor vehicle with a blood alcohol concentration of .08 percent or above. In order to determine BAC, a law enforcement agent may administer a breath blood, or urine test, with a breath test being the most commonly used. There are two types of breath tests that are used in a Michigan DUI/OWI case - a portable breath test and an evidentiary breath test.
The portable, or preliminary breath test, often called a "PBT", is administered at the roadside before an arrest occurs. This test is similar to a field sobriety test as it is used to determine if you are sober or have alcohol in your system. The results from this test are generally irrelevant, except when used to determine whether there was probable cause for your DUI/OWI arrest.
The evidentiary test is administered at the police station or detention center. This is the most scientifically accurate of the two tests, and the results may be used as evidence by the prosecution to show that your BAC was at an unlawful level when you were driving. The brand of breath-testing device used in Michigan is the DataMaster. This table-top machine generates a print out of the test results.
There are specific regulations or statutes that the arresting officer must follow when administering the breath test. Because scientific breath tests are used so frequently, and are litigated often, Michigan has created protocol or "administrative rules" dealing with the breath test. One of the administrative rules is that if you take the evidentiary test, the prosecution must prove that the breath-testing device was in working order, properly maintained, and administered correctly at the time of your arrest.
An experienced DUI/OWI defense attorney will be familiar with these administrative laws. If the administrative laws are not followed, it may be a sign that there is a problem with your arrest or breath-test evidence. Failure to follow the administrative rules can result in a suppression of the breath test results and in limited circumstances even a dismissal of the drunk-driving charges or a not guilty verdict during the trial.
There are several things that can lead to false breath test results. If there is a problem with the mouthpiece, or you blow too much air into the device, the test results will be affected. Taking the test while seated and leaning forward may cause acid reflux, which causes alcohol in the stomach gases to rise, will also result in a false test result.
If you have recently taken, and failed, a Michigan breath test, there is still hope. Contact the Law Offices of Patrick T. Barone today to discuss the results of your breath test.
• The Cost of a Michigan DUI
• The Emotional Impact of a Michigan DUI
• Hiring a Michigan DUI Attorney
• Retain the Representation of the Barone Defense Firm
• About Michigan Breath Test Defenses
• Michigan DataMaster Information
• Call The Barone Defense Firm Today
• The Michigan DUI Book
• Other Problems with the DataMaster Breath Machine
• Conviction Consequences for a DUI in Michigan
• Michigan DUI Counseling Information
• Defense Strategies for a Michigan DUI
• About DUI Discovery in Michigan
• Michigan DUI Investigation FAQ
• Our Dedicated Lawyers and Support Staff
• All DUI Lawyers are Not Created Equal in Michigan
• What are the Potential DUI Penalties in Michigan?
• Michigan DUI License Suspension
• About the Michigan DUI Plea Bargain
• How to be a Witness for Your Own DUI Case
• Michigan DUI Field Sobriety Testing
• Definitions of OWI laws in Michigan
• What is drunk driving Per Se crime in Michigan?
• Michigan DUI Pre-Trial Motions
• Sample Michigan DUI Jury Selection and Trial (Part 1)
• Sample Michigan DUI Jury Selection and Trial (Part 2)
• Sample Michigan DUI Completed and Opening Arguments (Part 3)
• Sample Michigan DUI Jury Trial (Part 4)
• Am I Going To Jail For DUI
• DUI Arrest Information and How the Barone Defense Firm Can Help
• Deciding on Trial in a DUI Case
• How to Beat the Breath Test
• Drunk Driving Arraignment
• The Drunk Driving Pre-Trial
• OWI First Offense Information
• About Sobriety Court Law
• The New DUI DataMaster (DMT) Machine
• Super Drunk Law Information
• Parts of the DUI Trial Process
• Sentencing for Drunk Driving
• About The Barone Defense Firm Team
• Unreliability of Field Sobriety Tests