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DUI Dismissals Result From Faulty Breathalyzers

by ptbarone on March 2, 2010

Michigan's New DMT

If you’re charged with a Michigan DUI or OWI (drunk driving), then perhaps the strongest piece of evidence that the prosecuting attorney can use against you case is the breathalyzer results.  These will be produced at the police station after being arrested for DUI in Michigan. Without these results perhaps showing that you were over the legal limit of 0.08, the prosecutor will have a tough time charging proving a Michigan DUI. And if the breathalyzer device that produced those results is faulty, then your Michigan DUI case could be dismissed.

That is exactly what happened recently in Washington, D.C. Local police discovered that the results given by their alcohol intoxilyzer machines were not accurate. (The Washington Post, Williams and Weil) They are now working closely with the Attorney General’s office in order to immediately investigate the matter. As of now, they have not been able to pinpoint what caused the inaccurate results. Some say it could be possibly be the operators (meaning the police officers who assisted the arrestees performing the test), the solution used to calibrate the machines, or the machine itself. The problem was discovered during a police department audit.

When researching Michigan DUI lawyers, it is important to know what kind of training and certification the Michigan attorney has had with breath testing. While there are other types of evidence the prosecutor can use against you, having a Michigan DUI defense attorney who is on your side and knows how to specifically fight drunk driving cases will be most beneficial to you.

It was just such a DUI lawyer from DC (Bryan Brown) who was able to find these problems.  As reported: One defense attorney said Friday that in the past three weeks charges of driving while intoxicated were dropped in three of his cases. He said prosecutors told the court that police lacked confidence in the test results.

If you want to challenge your Michigan DUI, keep in mind that, as reported:

A Web site concerned with the defense against DWI charges said “it is critical” to contact “a lawyer that is familiarwith the errors associated with breath testing.”

Causes of error are “many indeed,” the site said.

A Florida newspaper this week reported that a vigorous challenge to breath testing machines was underway in the Palm Beach area, with results being challenged in an estimated 400 cases.

Seven judges in the Palm Beach area were sorting through technical testimony about the machines’ accuracy, the report said.

When looking for a Michigan DUI lawyer who can challenge your breath test, some questions you may ask are: has your Michigan DUI attorney been certified from the company who manufactures the breathalyzer? Is your Michigan DUI attorney a certified instructor and practitioner of the Standardized Field Sobriety Tests?

You should also look into any published articles or books on drunk driving the Michigan DUI lawyer may have written as well. Make sure that when you choose the Michigan DUI attorney who will try to minimize your drunk driving charge, the attorney has a passion and will for continuing education in drunk driving defense.

Get a FREE confidential CASE EVALUATION on your Michigan OWI/OWVI/DUI by calling (248) 306-9159 , or filling out this consultation request form. Call now, there’s no obligation!


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