DataMaster DMT w/Printer Attached
As previously reported, Michigan is in the process of placing a new breath testing instrument into service. This breath testing instrument is called a DataMaster DMT. Michigan has ordered a few hundred of these new breath testing units, and they are currently being evaluated by the Alcohol Enforcement Unit, Traffic Services Section of the Michigan State Police which is headquartered in East Lansing Michigan.
Michigan State Police Sergeant Perry Curtis is in charge of this Alcohol Enforcement unit and therefore of the evaluation of the DataMaster DMT. Also involved in the evaluation of the new DataMaster DMT are two toxicologist employed by the State Police, Dr. Michelle Glinn and Dr. Felix Adatsi, both of whom regularly appear on behalf of the prosecutor in drunk driving trials where they offer testimony in support of a defendant’s breath test results.
Both Dr. Glinn and Dr. Adatsi were in attendance earlier this year at the IACT conference. According to their web site, the International Association for Chemical Testing is an organization composed primarily of employees of governmental agencies involved in chemical testing in related traffic safety. They may be local, county, parish, state, national, or international level. The organization (IACT) was formed in March 1988, in Chicago, Illinois, as a result of a symposium sponsored by the Department of Transportation in 1987, in Boston, Massachusetts.
As part of the evaluation of the DataMaster DMT, Dr. Glinn attempted to do two things. First, make sure that the old and the new DataMaster would measure breath alcohol the same way, and second, debunk many of the common defenses to a breath test result.
Dr. Glinn presented her “research” at IACT which concluded that the new DataMaster DMT is just as good as the old one (the both give identical readings). Also, that none of the defense arguments or issues have merit. According to Dr. Glinn, these merit-less defenses include things like blood in the mouth, interfering substances, interfering RFI (radio frequency interference), objects in the mouth or length of blow (harder you blow, higher you go).
Dr. Glinn ended her presentation with “see you in court.” I must say, in response to Dr. Glinn, “I look forward to it.”
This post was written by...
baronedefensefirm – who has written 203 posts on Michigan DUI and License Restoration Lawyers.
Patrick T. Barone is the author on two books on DUI defense including the well respected two volume treatise Defending Drinking Drivers (James Publishing), and The DUI Book – A Citizen’s Guide to Understanding DUI Litigation in America. He is also the author of a monthly DUI defense column for the Criminal Defense Newsletter, published by Michigan’s State Appellate Defender’s Office. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School where he teaches Drunk Driving Law and Practice. He is also on the faculty of the Criminal Defense Attorney’s of Michigan’s Trial Lawyer’s College where he provides trial skills training to Michigan’s criminal defense practitioners. Mr. Barone lectures nationally on various DUI defense topics, and he has appeared in newspapers, on television and on radio as a drunk driving defense expert. Mr. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests and has also attended a 24-hour certification course at National Patent Analytical Corporation (the manufacturer of the DataMaster) and has thereby been deemed competent by the manufacturer to operate, perform essential diagnostic verifications and calibration checks on the DataMaster. Mr. Barone is a Sustaining Member of College for DUI Defense. Mr. Barone is the principal and founding member of The Barone Defense Firm, whose practice is limited exclusively to defending drinking drivers. The Firm is headquartered in Birmingham, Michigan.
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Having worked with the DataMaster DMT extensively for five years for my state program prior to starting my independent company this year I can tell you the DMT is most definitely NOT flawless. In fact, our program had so many problems with these devices that in 2009 I urged my program not to order any more of them and to instead purchase the Drager 9510. Now that I am independent I am helping defense attorneys challenge this instrument.
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