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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 Breathalyzer Test / Datamaster
Each year, thousands of Michigan drivers are arrested for drunk driving after failing a Michigan breathalyzer test. As one of the most dangerous offenses a driver can commit, driving under the influence can also lead to some of the most severe criminal penalties—such as a license suspension, fines, and jail time. A drunk driving conviction will also be permanently reflected on your criminal record, which means it will haunt you long after your sentence has been completed. Fortunately, with the right defense, you may be able to challenge your breath test results and avoid these consequences.
In order for your body to process alcohol, it must first pass through your bloodstream. As a result, the more alcohol a person drinks, the more alcohol present in his or her blood. This ratio of alcohol to blood is known as blood alcohol content, or BAC. In the eyes of the law, anyone driving with a BAC of 0.08% or higher is considered intoxicated.
Although BAC can be measured through a blood or urine test, breathalyzer tests are most often used in drunk driving cases. The test can be administered on several different breathalyzer models, but each state has its own laws specifying the type enforcement officers must use. In Michigan, all breath tests must be performed on a device called the Datamaster.
The Datamaster relies on infrared lighting to determine BAC. To do this, the device compares the amount of energy travelling through the tube to the final amount present at the end of the tube. Since alcohol absorbs infrared energy, if the final measurement is less than the initial one, the Datamaster assumes it is due to alcohol.
Unfortunately, the Datamaster does not distinguish between alcohol and other substances that absorb infrared energy—such as acetone, for example, a substance often found in diabetics on individuals who are on low-carb diets. As a result, if there is acetone present on your breath, your breathalyzer test will falsely identify it as alcohol, which could lead to an inflated BAC calculation.
As a dedicated drunk driving defense attorney, Patrick Barone is well familiar with the Datamaster and knows all too well how unreliable its results can be. Mr. Barone can use this knowledge to challenge your breathalyzer test results in court and, in many cases, prevent them from being used as evidence against you.
To find out how to fight your breath test results, contact the Barone Defense Firm. After successfully defending numerous clients across the state, we have the experience and knowledge to fight your drunk driving charges and help you avoid the life-altering consequences of a conviction.
Don’t let a flawed test system impact your long-term prosperity. Invest in your future and get the legal counsel you deserve. We accept all major credit cards and offer flexible payment plans to fit your budget. We can even refer you to lenders who administer small loans for legal expenses. Call today for your free case evaluation.
