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Arrested For Drunk Driving? Why Your BAC / Breath Test Results Might be Wrong! (Pt 1)

If you’ve ever been arrested for drunk driving in Lansing, Charlotte, or Ionia, then you know how awful that experience can be. You’re trying to get home safely and instead you end up pressed up against your car in the dark, walking an imaginary line on the street where everyone can see you, and finally sleeping in a filthy cell. It’s not fun. And as if the embarrassment and inconvenience isn’t enough, there’s the financial cost and the huge amount of time it carves out of your life. All around, it’s a pretty terrible experience. And that’s not the worst of it. 

What happens if you’re convicted of DUI or OWI or of drugged driving in Michigan? A permanent stain on your record, making it really hard to get a decent job or perhaps get into a good Michigan school. Then there’s the time behind bars. Time when you can’t work, can’t be with your loved ones, and can’t be free to live your life. That’s why it’s so important, if you’re ever arrested for drunk driving, to get the best criminal defense attorney that can help you fight the charges. Especially if your DUI breath test results were incorrect! (Which happens more often than you think, even in Ovid or Jackson!) Don’t believe us? Check out these common reasons your DUI results may not be accurate…

1. Improperly Maintained Equipment Means Faulty results

This one happens a lot. Here in Michigan our cops use DataMaster machines to test your breath after you’ve been arrested for suspected drunk driving. (Here in Michigan, we do not use Breathalyzer testing equipment.) However, as with all machines and technology used to track information, a device is only as good as the individual who uses and maintains it. And when it comes to breath test machines, there seems to be a lot of dubious maintenance

After all, it was this time last year when the Michigan State Police were investigating Intoximeters for fraudulent record keeping. Intoximeters is the company responsible for servicing and maintaining the 203 DataMaster machines in use by police agencies across Michigan. Between human error, faulty machines, fraudulent record keeping, and sometimes sheer laziness, there is a whole spectrum of reasons why your DataMaster results might be inaccurate. 

2. Not All Officers Are As Well Trained As They Should Be

Different law enforcement departments have different training requirements for the officers they employ. (For example, MSP is known nationwide for having their troopers undergo some of the most rigorous training of any state police department in the country). But that doesn’t apply to every police department in Michigan. And sometimes the deficiencies in training have to do specifically with an officer’s ability to recognize the signs of drunkenness, or their capability when it comes to operating DUI testing equipment.

Roadside breath tests (PBT or preliminary breath test equipment carried in most patrol cars) help an officer to determine if a suspect is likely under the influence of alcohol, but they’re not permissible in court. However, once you’re back at the station, an officer will use the DataMaster machine to sample your breath in order to determine if you’re over the legal limit. But if they weren’t properly trained on how to operate the machine, or how to calibrate and maintain it between uses, then there’s always a chance your results will be incorrect!

Make sure you have the best possible DUI defense attorney to help you fight this!

Join us next time for a look at two other very common reasons your DataMaster DUI results could be wrong. Until then, however, if you live in East Lansing, Howell, Jackson or Haslett, and you’ve been arrested for suspected drinking and driving, call The Kronzek Firm immediately at 866 766 5245.

Our team of aggressive and hard working criminal defense attorneys has spent decades defending the people of mid-Michigan against drunk and drugged driving charges. We know exactly how best to fight these allegations, and help you defend your future. We’ve been fighting drunk driving cases since the last century. Call now and let us help you protect your freedom. Our phones are answered 24 / 7 by calling 866-7NoJail.  

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