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Patrick T. Barone
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Michigan Breath Test Defenses
In Michigan, it is against the law for drivers over the age of 21 to operate a motor vehicle with a blood alcohol concentration, or BAC, of .08 percent or higher. In order to determine your BAC, a law enforcement agent may ask you to take a breath or blood test, with a breath test being the most commonly utilized.
A preliminary or portable breath test (PBT) is typically used to establish probable cause for a DUI/OWI arrest, while the official BAC test is performed by a DataMaster machine at the police station or detention center.
If you have recently been arrested and charged with driving under the influence after failing one or more of these breath tests, you should contact an experienced defense attorney as soon as possible. Attorney Patrick T. Barone has completed a 24-hour certification course by the manufacturer of the DataMaster, and is quite familiar with machine's flaws. He will thoroughly analyze the toxicology evidence that is being used against you to determine if the test was administered properly or if there was a problem with the machine.
As mentioned above, the PBT is used to determine probable cause for your arrest. However, if the PBT is not administered correctly, the results are known to be very unreliable. If your attorney can show that the arresting officer administered the PBT incorrectly, or was not trained sufficiently, he or she may be able to challenge your entire case due to a lack of probable cause. If the machine itself was not calibrated or maintained properly, the breath test evidence may be inadmissible.
Your attorney will also investigate the BAC results from the DataMaster. Because the results from this breath test are used as official evidence against you, it is crucial that any mistakes that were made during the administration of the test are brought up in court. Was the machine calibrated properly? Were the maintenance logs kept up-to-date? Was the breath test operator certified to operate the machine? If the answer to any of these questions is "no," the validity of the BAC results may be thrown into question.
If you are interested in discussing possible Michigan Breath Test Defenses, contact the Law Offices of Patrick T. Barone. The attorneys at this firm are familiar with the breath-testing devices and will investigate your case thoroughly.
• 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