Michigan Drunk Driving DataMaster Breath Test Attorney
If you are arrested for drunk driving in Michigan, a chemical breath test that was not done correctly might be an important part of your defense.
In Michigan, the DataMaster breath test is a method used to measure if a person is above the legal alcohol limit while driving. Under MCL 257.625, drunk driving is against the law and the penalties can be severe for a person who is convicted of the charge. Therefore, a person should seek out an experienced dui attorney when accused of such a crime.
The DataMaster breath test occurs inside of a police station after a person has been arrested for driving while intoxicated or impaired. It is not the same as the Preliminary Breath Test (PBT), which is a hand held device that an officer can use at the scene of a traffic stop. The DataMaster is not portable. The devices are located in police stations and sheriff departments throughout Michigan. The DataMaster is a device that must be certified, tested often, and handled by a qualified and properly trained officer. The DataMaster is used by having a person blow into the mouthpiece of the machine, and the DataMaster measures the amount of alcohol within a person’s lungs through infrared absorption. The DataMaster cannot be used immediately upon arrival at the police station. Instead, an officer must observe the accused for 15 minutes before administering the test. The 15 minute waiting period must occur to prevent the accused from putting something into their mouth that would cause the DataMaster to produce an improper reading. The validity of the test depends, in part, on correct procedures being followed during this observation period.
The DataMaster Machine is designed to print out its results. If you have been given a test, you should have a printout with at least two entries indicating your BAC. You will want to bring that printout to us at your first meeting to discuss your case. We will analyze this and other information in the case to consider whether to file motions to suppress evidence important to the prosecuting attorney. There are various methods of attacking the evidence produced by the DataMaster test. Together, we will carefully analyze all of them.
Commonly, submission to taking the DataMaster breath test is through implied consent and refusal of the test results in a person’s license being suspended. However, an attorney can help someone avoid losing their driver’s license by challenging the refusal. Although these challenges are not always successful, there are some circumstances in which they can prevail.
The attorneys at Kronzek & Cronkright will aggressively fight drunk driving charges for an accused person. Kronzek & Cronkright has successfully assisted clients who have been faced with such charges and have been able to suppress critical evidence, avoid drunk driving convictions, prevent clients from getting their license suspended, enter agreements for lesser charges and, in some instances, obtain outright dismissals of the charges. This should not be taken as a promise of the outcome of your case. Drunk Driving cases are often difficult to defend and each case should be assessed by a highly trained, competent Michigan criminal defense attorney.