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Patrick T. Barone
The DUI Book
A Michigan Citizen's Handbook on Fighting a Drunk Driving Case
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Michigan DUI Breath Tests
Not only does the machine make mistakes but the operator of the machine makes mistakes. That’s two of the three categories. The third category is medical problems. Ok? There are more than a hundred ways to beat a breath test. I’ve written about them in my book, “Defending Drinking Drivers”. I’m going to talk a little about them right now. These are machine based problems. In order for that machine to be working properly, it has to be maintained properly. The police have to keep logs on the maintenance. Sometimes we can find those logs, we can find mistakes in those logs and we can capitalize on those mistakes to show that the breath test in your case is wrong.
Now, if we can’t find kind of a problem then we’re going to look to video tapes, we are going to get the cop on the stand. We are going to ask that cop questions. We are going to show that the cop made the mistake in administering the breath test. Trust me. It happens all of the time. Cops make mistakes. They don’t follow their own rules of administering that test. If we can show that the cop made a mistake, we can beat that breath test.
The third category of potential defenses is medical issues. There are lots of potential medical issues that can cause problems with the breath test. That’s why in our office we have a very detailed medical questionnaire we are going to ask you to fill out. The purpose of that is to help us spot medical issues that can cause problems with your breath test. For example, any issue with your digestive system or any issue with your respiratory system can potentially cause a problem with the breath test. If you had a temperature at the time you took that breath test that can cause an inflated result.
What we are looking for is a medical condition that caused a false result in your case. If we find that we know what to do. We know how to capitalize with that problem in front of the judge and in front of the jury to beat the breath test in your case. If you want to learn more, go to my website: drunkdrivinginmichigan.com. There is lots of information there.
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• About Michigan Breath Test Defenses
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• All DUI Lawyers are Not Created Equal in Michigan
• What are the Potential DUI Penalties in Michigan?
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• 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)
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• Unreliability of Field Sobriety Tests