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. A breathalyzer result, in some cases, can be challenged in Michigan. Drivers may dispute the results if the device was improperly maintained, the officer was not certified to administer the test, or certain medical conditions were present that impacted the results. An experienced DUI attorney can explore your circumstances to determine the best possible defense to help you navigate these matters. 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.

In Michigan OWI investigations, breathalyzer devices are commonly used by law enforcement officers to estimate a driver’s BAC and determine if they are operating while under the influence.

Can I Challenge the Results of a Breathalyzer in Michigan?

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

Common Legal Defenses to Dispute Breathalyzer Results

In a Michigan OWI case, breathalyzer results are often an integral piece of evidence utilized by the prosecution. However, these results are not always reliable. As such,  a defense attorney will examine whether the breathalyzer test was administered correctly and if the results accurately reflect the defendant’s blood alcohol concentration (BAC) at the time the test was administered. It’s important to understand that even a small procedural error may create grounds to challenge the evidence against you.

Faulty or Improperly Maintained Breathalyzer Device

• Breathalyzers utilize technology, meaning the risk of malfunctions is always present
• These devices require regular maintenance, calibration, and testing
• Inspections must occur to ensure the devices are in working condition
• Calibration ensures the device can accurately measure BAC
• Your attorney can request calibration records and maintenance logs to determine if the device was properly functioning at the time of testing
• If the prosecution cannot provide proper inspection documentation, the test results may be deemed unreliable

Officer Errors

• Police officers must be certified to train and administer breathalyzer tests
• Officers who administer tests must adhere to specific procedures
• If the officer was never certified or they never recertified, the test results may be challenged
• Improper administration of tests can result in inaccurate BAC
• If an officer fails to follow required testing procedures, the results may be questioned in court

Medical or Environmental Factors

• Certain medical conditions may impact breathalyzer test results
• GERD and acid reflux may result in alcohol vapors that impact results
• Residual substances like medication, mouthwash, and alcohol based products can have a temporary impact on results
• Burping, vomiting, or regurgitating shortly before testing can bring alcohol from the stomach into the breath sample
• Environmental factors like chemical fumes and solvents can also impact breathalyzer readings

Rising Blood Alcohol Concentration

• Breathalyzers may be administered well after the initial traffic stop, meaning your BAC can change in the time between when you are driving and when the test is administered
• Alcohol continues to absorb into the bloodstream after consumption
• Your BAC may rise between the time you were driving and when the test was administered
• In some cases, you may have been below the legal limit while driving, but over the legal limit when the test is administered

It’s important to understand, however, that you can be arrested for driving under the influence even if your BAC is less than the legal limit. Any time you have a detectable amount of alcohol in your system and the officer believes it inhibits your ability to safely operate a vehicle, you may be charged with an OWI in Michigan.

Unlawful Traffic Stop or Arrest

• If obtained illegally, breathalyzer results are considered inadmissible
• The police officer must have had reasonable suspicion to stop you
• If the stop was conducted without legal justification, evidence collected during the stop may be suppressed
• If the arrest violates constitutional rights, breath test evidence may be excluded from the case

Under Michigan law, the courts may review whether breathalyzer evidence was obtained in accordance with state OWI procedures and constitutional protections during traffic stops and subsequent arrests.

Contact an Experienced Upper Peninsula Criminal Defense Attorney Today

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. If you were arrested for a DUI in Marquette or anywhere in Michigan’s Upper Peninsula, it’s imperative to work with a local attorney who understands the complexities of Michigan laws. At Berger Law, we understand the impact that a DUI can have on your life, which is why we will do everything in our power to help you fight for the best possible outcome for your circumstances. Contact us today to learn how we can represent you.