In every Michigan DUI case the law requires you to either submit to a breathalyzer test at the police station, or have your blood drawn at a local hospital. This evidence will then be used to prove that you are guilty of violating Michigan’s DUI laws. Without proof that your BAC was 0.08 or higher, the prosecutor will have a difficult time proving beyond a reasonable doubt that your are guilty of a Michigan drunk driving.
One of the best ways to keep the prosecution from winning is to keep the chemical evidence out. That’s just what a judge recently did, and it’s what helped the Illinois judge beat the DUI charges pending against him.
Following an arrest made in April 2008, former Lake County Chief Judge David Hall was taken to a Libertyville hospital for a blood sample. The results came back as 0.10 percent, over the legal limit. However, proper medical protocols were not followed. Judge F. Keith Brown, who ruled over Hall’s case, did not allow the blood test results at trial. While it did prove he was intoxicated while driving, Judge Brown barred the results from being admitted as evidence. “The sample should have been tested at the hospital where the blood was drawn, rather than at the Illinois State Police crime laboratory, where it was analyzed about 2 ½ weeks after Hall’s arrest. (Dan Rozek)
Your freedom and independence undoubtedly is extremely important to you and your family. So before you decide on which attorney you want to represent you on your drunk driving case, research the lawyer’s background on the different types of BAC testing. Your attorney should be highly qualified and knowledgeable in these areas.