What Is A Breathalyzer Test?

If your case involves use of a Breathalyzer Test, you should have your case reviewed by an attorney to see whether the results are admissible and how it affects your case. Contact an attorney at The Law Offices of THOMAS J. TOMKO and Associates, P.C., by calling 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), for an in-office appointment, or request a Free E-Mail Case Analysis.

So What Is a Breathalyzer Test?

In most DUI cases, you are asked to take a Breathalyzer test. Generally, there are two types of tests:

PBT - Preliminary Breathalyzer Test

This test is typically administered at the scene of a traffic stop using a portable PBT Unit. It is generally NOT ADMISSIBLE as evidence at trial of a DUI case, and is generally used to determine whether or not to arrest a person for a drinking and driving charge.

Evidential Breathalyzer Test

This test is typically administered at the police station or jail. The machine used is a DATAMASTER, and the results can often be admitted into evidence at trial. Procedures for operation of the machine require administration of at least two tests (unless there is a refusal).

What Does The Test Do?

The Breathalyzer Test measures the % of alcohol by volume of the air which goes through the machine. The DATAMASTER first runs a blank test, to verify that there is no measured alcohol in the machine, then you are asked to blow into the machine. Afterwards, the machine again runs a blank test.

What Do The Results Mean?

In Michigan, certain presumptions attach to results from a Breathalyzer Test result. Typically you are given a pink slip of paper showing the results. Certain results can create a presumption of being under the influence:

Did The Police Follow The Rules?

Issues surrounding the Breathalyzer Test can involve whether the police followed the rules for giving a test. These questions can involve:

• Did the officer observe the Defendant for 15 minutes prior to the test?
• Is the administering officer a Class II or Class III Operator?
• Has the DATAMASTER machine been regularly calibrated in accordance with Michigan State Police rules and procedures
• Was the Defendant read their rights with respect to an independent blood or urine test?

Failure to follow the rules for administration of a Brethalyzer Test can result in a better plea or even a dismissal. If your case involves use of a Breathalyzer Test, you should have your case reviewed by an attorney to see how it affects your case. Contact an attorney at The Law Offices of THOMAS J. TOMKO and Associates, P.C., by calling 586-795-8822 (Macomb or St. Clair), or 248-656-7722 (Oakland or Wayne), for an in-office appointment, or request a Free E-Mail Case Analysis.