Can I Challenge the Results of a Breathalyzer in Michigan?

When you operate a vehicle while intoxicated by drugs or alcohol, you could be charged with a DUI (Driving Under the Influence) or OWI (Operating While Intoxicated), as it is often referred to in Michigan. The basis for your drunk driving charges is likely the results of a breath test. It is important that you fully understand your legal options, including whether you can challenge the breathalyzer results. To learn more about your legal rights and options when facing DUI charges in Michigan, contact an experienced Marquette DUI lawyer today.

What is a Breathalyzer?

A breathalyzer is a device that is used to measure the concentration of alcohol in a person’s breath and blood. When an individual consumes alcohol, it is absorbed into the bloodstream and lungs, meaning that some of the alcohol exists in the breath.

During a traffic stop where the police officer suspects the driver of being intoxicated, they can administer a breath test where the driver blows into the breathalyzer for a few seconds before the device gives a BAC (blood alcohol concentration) reading. The legal limit is 0.08, meaning that if the results of the breathalyzer are 0.08 or greater, the driver is considered legally intoxicated and is vulnerable to DUI charges.

Can I Challenge the Results of a Breathalyzer in MI?

The results of a breathalyzer are considered valid pieces of evidence in a DUI case. However, certain circumstances may render it inadmissible. If there was some sort of issue with how the breath test was performed, collected, or handled, you could potentially challenge the results.

Below are some valid reasons to challenge a breathalyzer during your DUI case.

1. The device was faulty: Breathalyzers are technology, meaning that there is always potential for malfunctioning. These devices must be regularly tested, maintained, and calibrated. If the breathalyzer had not been calibrated or inspected recently, it could render the results unreliable.
2. User error: Police officers are also required to be certified and follow specific procedures when administering a breathalyzer. You could challenge the results if the officer’s certification lapsed or was never obtained, or if they failed to comply with proper standards.
3. Medical or environmental factors: Certain medical issues, prescriptions, or environmental factors like mouthwash or a recent burp could skew the results of the breath test.
4. Rising BAC: A DUI conviction requires that you were over 0.08 at the time of your driving, not just when you were tested. If your body was still absorbing alcohol, there is a chance that your BAC was below legal limits while driving and rose later on.
5. Unlawful stop or arrest: The breathalyzer results are only legally admissible if the evidence was obtained legally. If the stop or arrest was unlawful and violated your rights, you could challenge the test’s admissibility.

With the help of a skilled lawyer, you could file a motion to suppress the breathalyzer results before the trial even begins, or build a strong argument against its validity in court. For more information and to obtain skilled legal advice, reach out to an experienced attorney at Berger Law today.