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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.



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