Chemical Breath Test
Since 1993, Michigan has used the Blood Alcohol Content (BAC) DataMaster machine to test breath alcohol levels of individuals suspected of drunk driving, this is compared to the wet chemistry test in which officers have used in the past. Advantages of the DataMaster machine include, computer processing of the generated data, simplicity of operation, speed of testing results, and reduction in the possibility of operator manipulation or mistakes. This test may be used in court to challenge the validity of an arrest, or for the defendant or prosecution to introduce as evidence of the defendant’s BAC.
Michigan State Police have had rules in effect since April 21, 2010 to administrate breath alcohol tests using the DataMaster machine. Prior to using the machine, the machine must be approved by a state agency, and must be tested using a vapor solution once every week. When an officer is in a situation in which they must administer a test to an individual, they must wait and supervise the suspect for 15 minutes before administering the breath test. This is so the suspect does not regurgitate, smoke, or place anything in their mouth during the 15-minute period. A videotaped recording may be made available of the arrest to verify in court that the officer did indeed observe the individual for 15 minutes.
Effective May 1, 1995, Michigan changed from being a blood alcohol state to a breath, blood, or urine state. The Implied Consent Act went into effect on Novemeber 2, 1967, the law states that any driver operating a motor vehicle on state highways in places open to public view or in places generally accessible to motor vehicles must consent to a chemical test for BAC if they are arrested for certain violations. Refusal of a chemical test may result in the suspension of thier driver’s license, while they may still be found innocent of the drunk driving crime. If a driver consents to the breath test, they have satisfied the requirements of the Implied Consent Act and does not need to consent to any other kind of chemical test.
Mt. Pleasant, Michigan attorney, Todd Levitt, has been representing clients for more than 18 years, dealing with drunk driving, DUI, and driver license retoration cases.
Todd can be reached for free consultation at (989) 772-6000
Written by: Adam C. Finn