15 minutes prior to administering the breath test for suspicion of drunk driving

Have you been charged with drunk driving / operating while intoxicated in the state of Michigan?

Drunk Driving Suspicion

When a person is arrested for suspicion of drunk driving, the police will require that person to submit to either a breath or a blood test to determine bodily alcohol content (BAC).  In most circumstances, law enforcement uses a breath test to establish BAC for a number of reasons.

 

To take a breath test sample, police officers have people blow into a machine called a DataMaster.  For a breath test to be reliable, certain processes and procedures must be followed by the officer administering the breath test.

Observation Period of 15 Minutes

One of the procedures/requirements which police must follow is they must observe the person for a period of 15 minutes prior to administering the breath test.  This is to ensure the person does not belch, vomit, smoke, regurgitate, or put anything into their mouth.  If one of these things occurs, the 15 minute observation period must begin again.  The reason or this is that if any of those things occurs, it could leave mouth alcohol in the mouth.  The DataMaster is unable to distinguish mouth alcohol and could lead to an unreliable result.  This requirement is extremely important.  If it is not followed, the reliability of the BAC results is called into question.

 

If the 15 minute observation period requirement was not met in your case, you may have the ability to suppress your BAC and have your case dismissed or negotiated significantly.

Contact Hills at Law

The attorneys at Hills at Law, P.C. have extensive experience in dealing with drunk driving charges.  If you have questions related to this change, or need representation, please contact us today.

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