Breathalyzer Issues – Gerald R Stahl is Grand Rapids Defense Lawyer
Have You or Someone You Know Been Charged with DUI or OWI
If you are stopped by the police for Operating While Intoxicated or Drunk Driving in Michigan you may be asked to take a preliminary breath test or PBT. This device is a hand breathalyzer. If you refuse the PBT, it is a civil infraction that carries a fine of $150.00 plus costs. The PBT result is not evidence admissible in court. The officer is also required to advise the driver of their Michigan chemical test rights.
Regardless of whether you take the PBT, you are still required to take the evidentiary under the Michigan Implied Consent Law. In Michigan, the Data Master evidentiary breath testing unit is used to calculate blood alcohol content. The officers could alternatively ask for a blood test.
Under The Michigan Implied Consent Law, all drivers are presumed to have consented to that evidentiary test. So, if you refuse that second test there are severe consequences. You will receive 6 points added to your driving record and your license will be suspended for one year. All of these results are separate from the penalties of the underlying traffic offense.
Breathalyzer Results Can Be Wrong
The breathalyzer machine needs to be calibrated according to a certain schedule, and if it isn’t that could affect the results. If it is not recently calibrated or an inexperienced police officer is in charge of the machine it can result in an incorrect reading. Calibration is a legitimate defense to Drunk Driving charge in Michigan.
“Better Call Stahl” Grand Rapids Criminal Defense Lawyer
Breathalyzer and blood tests in Michigan can be challenged for false positives of inconsistent high of low results. Gerald R Stahl is a DUI lawyer with over 30 years of experience. His DUI law firm has helped hundreds of citizens in all Michigan counties including Kent, Ottawa, Allegan and Barry that have been charged with drunk driving or operating under the influence of drugs. Gerald R Stahl providing DUI legal services is conveniently located on East Beltline near Knapps Corner and the 63rd District Court.
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