Michigan DUI Playbook | Attorney Jonathan Paul
  • DUI Playbook
  • Survival Guides
    • Oakland County >
      • Novi
      • Troy Clawson
      • Farmington Hills
      • Bloomfield Hills
      • Rochester Hills Auburn Hills
      • Royal Oak/Berkley
      • Southfield
      • Clarkston
      • Oak Park
      • Waterford
    • Wayne County >
      • Plymouth Canton Northville
      • Livonia
      • Westland
      • Dearborn
      • Woodhaven Brownstown Twp Trenton
      • Romulus Van Burn Twp Belleville
      • Wyandotte Riverview
      • Dearborn Heights
      • Taylor
    • Macomb County >
      • Clinton Township
      • Shelby Township
      • Warren
      • St. Clair Shores
      • Sterling Heights
      • Fraser Roseville
      • Chesterfield New Baltimore
      • Romeo
    • Washtenaw County >
      • Ann Arbor
      • Saline
      • Chelsea
      • Pittsfield Twp
      • Ypsilanti
      • Ypsilanti Twp
    • Lenawee County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
  • Offenses
    • Operating While Impaired
    • Super Drunk | High BAC
    • Operating Presence Drugs
    • Operating While Intoxicated
    • Minor BAC | Zero Tolerance
    • DUI Expungement
    • OWI Child Endangerment
    • Felony DUI Third Offense
    • DUI Videos
  • Growth Mindset
  • Common Issues
    • Making Substantial Changes
    • Experience Change Model
    • Trial Videos
    • Can the prosecutor prove I was driving?
    • What are my bond conditions?
    • Out of State License
    • Surviving the Implied Consent Law
    • CDL Concerns
    • Field Sobriety / PBT
    • How to beat the blood draw
    • How to beat the Datamaster
  • 5-Star Defense
  • Contact Me
    • Our Team
    • Client Application
  • DUI Expungement
  • Prosecutor Confessions
    • Why I became a Defense Lawyer
    • OWI First Offense
    • OWI Second Offense
    • OWI Third Offense
    • Field Sobriety Tests
    • Implied Consent
    • Hardship Appeal
    • Chemical Tests
    • Sobriety Court
  • Courts
    • Oakland County >
      • More Courts >
        • Oak Park
        • Madison Heights
        • Hazel Park
        • Ferndale
        • Pontiac
        • Waterford
      • Novi 52-1
      • Clarkston 52-2
      • Rochester Hills 52-3
      • Troy 52-4
      • Royal Oak 44th
      • Southfield 46th
      • Farmington Hills
      • Bloomfield 48th
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Twp 14A1
      • Ypsilanti 14-A
      • Ypsilanti 14-B
      • Chelsea 14A3
      • Saline 14A4
    • Wayne County >
      • More Courts >
        • Redford
        • Lincoln Park
        • 25th District Court Ecorse
        • Wyandotte
        • Southgate
        • 30th District Court Highland
        • Hamtramck
        • Dearborn Heights
        • 32nd District Court Harper Woods
      • Livonia
      • Plymouth 35th
      • Allen Park
      • Romulus
      • Grosse Pointe
      • Woodhaven
      • Dearborn
      • Detroit
      • Garden City
      • Westland
    • Macomb County >
      • Center Line District Court
      • Clinton Township
      • Eastpointe District Court
      • Fraser | Roseville
      • Shelby Township
      • Sterling Heights
      • St Clair Shores
      • New Baltimore | Chesterfield
      • Warren
    • Livingston County
    • Genesee County
    • Jackson County
    • Monroe County
    • Lenawee County
  • Leading with Empathy
  • Reviews
dui attorney michigan arrest

Blackman Township Drunk Driving - 12th District Court Jackson Michigan

8/23/2017

 
Michigan Datamaster Testing 101 - Blackman Township DUI

Recently, the DataMaster DMT was introduced for chemical breath tests in Michigan.  The machine relies upon infrared spectroscopy and secret algorithms that the manufacturer closely guards.  This new machine was put in place by the police and prosecutor to streamline many of the pitfalls of the old machine, which were frequently challenged.  

Here's how the machine works, and how it can be defeated if approached the right way by an attorney.  

The Datamaster operation requires that the testing officer observe the subject for a minimum of 15 minutes before administering the evidential breath test to ensure that the subject has not smoked, regurgitated, or placed anything in his or her mouth.

The DMT machine requires the officer to manually enter the observation time; if it's less than 15 minutes, it's certainly an avenue to attack, and it's also important to bring up that the DMT comes with the option of a button which would start the 15-minutes then lock out the machine for those 15-minutes so the time-frame MUST be adhered to, but the State of Michigan chose not to purchase this safeguard.  


After entering the start observation time and the subject’s information, the officer enters his or her identifying information.  It's important to FOIA the officer's training history from the Michigan Commission on Law Enforcement Standards (MCOLES) to ensure the officer is qualified to administer the DMT.  The officer training is also ripe for cross-examination, especially for a jury who would be shocked to hear how little training, and how low the standards are to operate this machine.  

Once the information is entered, the officer presses “OK” and the DMT takes over from there. The first thing the DMT does is zero itself by sucking in ambient air from the room, which theoretically purges the machine with clean room air. It then runs a blank test to ensure that the DMT deems the ambient air clean of ethyl alcohol, and then it runs an internal standard check by inserting a quartz plate with a known infrared absorption value. According to the DMT instruction manual,
Each DATAMASTER DMT is programmed to retain in memory the exact infrared absorption value of this quartz standard. The instrument measures the absorption of the quartz plate and compares this measured value with the value obtained at calibration. The two values must agree within prescribed limits or the operation will be aborted due to calibration error.

Unfortunately, Michigan’s DMTs do not reveal what these values are as the MSP has chosen to turn off the feature that would provide a numerical readout of the internal standard and of how much the machine varied from that standard. Michigan’s DMTs will simply state that the standard was “verified.”  Also this is not required by the law, a jury would certainly find it odd, that the State of Michigan again had an opportunity to put a safeguard into place, but chose not to do so.  
After the pretest checks, the DMT will then display “Please Blow.” The officer must place a new, previously unwrapped mouth piece into the heated breath tube and tell the subject, “‘Place your mouth on the mouthpiece and blow long and steady into the tube until I tell you to stop.’”  If the officer does not use a new, unwrapped mouth piece, that's a viable path to attack the test; if two tests are given, the officer MUST replace the first tube with a second one, but they usually do not do so.  

After the below, there is an audible beep, and the officer can watch the progress of the test on the “breath volume bar.” A subject is supposed to continue blowing until he or she is out of air, although the DMT should register a result after six continuous seconds of blowing. One hundred twenty seconds after the first test sequence is completed, the DMT will go through the purging–blank test–internal standard verification sequence and then a second sample will be requested in the same manner as the first test sequence. 


The Administrative Code Rules require the officer to offer a second DMT test to verify the results of the first test sequence. However, after an individual submits to the first test sequence, it is not considered an implied consent act violation to refuse the second test sequence.  If I had a chance to sit on my client's shoulder at this point, I would tell them to refuse the second test, but I've never had a client know to do this, because they don't need to know this option by law.  

However, if the first two test results are not within the preset tolerances of each other, the DMT will automatically request a third sample, and the sequence will be the same as the first two sequences, including the provision of a new mouthpiece.  The DMT has a built in variance, which is fruitful at trial, and could make the difference on a close call on the 0.08 or 0.17 thresholds.  

The variance can range from 0.01 higher or lower on a BAC up to 0.14, and potentially up to 0.04 on a number of 0.35, which at that point, a variation may not matter, but it is an acknowledgement that the machine is not perfect, and it has a margin of error, up to 26.67 percent, which is kind of shocking.

It's important to request all testing material on the DMT machine as the machine is tested on a regular basis, and those logs are made available in cases; a machine is deemed acceptable as long as it falls between
 .076–.084 percent, a range of +/− 5 percent.  A fruitful area of questioning is when you have a BAC result at a different level; essentially, was the machine tested to accurately test a sample of 0.17? Well no would be the answer, and that makes a difference in the eyes of a jury member.  ​

Comments are closed.
    Picture
    second offense drunk driving lawyer 2nd offense
    Jonathan Andrew PaulReviewsout of 170 reviews
    Jonathan Andrew PaulClients’ ChoiceAward 2024
    felony drunk driving 3rd offense
    super drunk michigan attorney
    owi lawyer michigan

    Click to Email Me
    Call Me:
    248-924-9458

    dui attorney michigan

    Categories

    All
    911 Tipster
    Accountants
    Acid Reflux Disease
    Alcohol Testing
    Alphabet Test
    Arraignment
    Arrest
    Avoiding Probation
    Avoid Jail
    Bench Trial
    Blood Draw
    Boating Under The Influence
    Body Temperature
    Car Accident
    Career Consequences
    Careless Driving
    CDL
    Challenge Blood Test
    Challenge Jurisdiction
    Challenge Prior Conviction
    Challenge The Arrest
    Challenge The Datamaster
    Chemical Tests
    Child Custody Concerns
    Civil Liability
    Closing Argument
    Cocaine
    Cross Examination
    DAAD Appeal
    Datamaster
    Discovery
    Disorderly Conduct
    Dispatch Logs
    Driver Responsibility Fees
    Driver's License
    Driveway
    Drugged Driving
    Drug Testing
    DUI Causing Death
    DUI Causing Injury
    DUI Dismissal
    DUI Second Offense
    DUI Trial Process
    DUI Warrant
    Educational Consequences
    Feeling Better About Life
    Felony Drunk Driving
    Field Sobriety Tests
    FOIA
    Gas Chromatography
    GERD
    Hair Testing
    Hardship Appeal
    Hardship License
    Heroin
    HGN
    Horizontal Gaze Nystagmus
    Hypoglycemia
    Ignition Interlock
    Implied Consent
    Independent Blood Test
    Infrared Spectroscopy
    Jury Trial
    Losing My Job
    Marijuana
    Medical Conditions
    Medical Marijuana
    Medicaton
    Mental Health Court
    Minor BAC
    Miranda Rights
    Motion To Dismiss
    Mouth Alcohol
    Observation 15 Minutes
    One Legged Stand
    Opening Statement
    Operating Presence Drugs
    Operating While Impaired
    Operating While Intoxicated
    Operation Issues
    Out Of State Convictions
    Out-of-State Convictions
    PBT
    Posting Bond
    Proactive Defense
    Probable Cause To Arrest
    Probation
    Probation Violation
    Prosecutor
    Public Health Code
    Radio Frequency
    Radio Interference
    Reasonable Time Rule
    Reckless Driving
    Refusing Datamaster
    Restitution
    Restricted License
    Right To Counsel
    Rising Blood
    Sentencing
    Sleeping In Car
    Sobriety Court
    Statements
    Subpoena
    Super Drunk
    Super Drunk Arrest
    THC Levels
    Third Offense DUI
    Touching Nose
    Traffic Stop
    Traveling To Canada
    Travel Restrictions
    Urine Testing
    Vehicle Immobilization
    Veteran's Court
    Videos
    Voir Dire Process
    VOP
    Walk And Turn
    Warrants
    Weaving
    Zero Tolerance DUI

Ann Arbor Office Location

Plymouth Office Location

Email Me Now
Picture

Representing DUI Clients in Michigan

Representing clients charged with a DUI in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Genesee, Macomb, Ingham, Lenawee, Livingston and Oakland County. ​
  • DUI Playbook
  • Survival Guides
    • Oakland County >
      • Novi
      • Troy Clawson
      • Farmington Hills
      • Bloomfield Hills
      • Rochester Hills Auburn Hills
      • Royal Oak/Berkley
      • Southfield
      • Clarkston
      • Oak Park
      • Waterford
    • Wayne County >
      • Plymouth Canton Northville
      • Livonia
      • Westland
      • Dearborn
      • Woodhaven Brownstown Twp Trenton
      • Romulus Van Burn Twp Belleville
      • Wyandotte Riverview
      • Dearborn Heights
      • Taylor
    • Macomb County >
      • Clinton Township
      • Shelby Township
      • Warren
      • St. Clair Shores
      • Sterling Heights
      • Fraser Roseville
      • Chesterfield New Baltimore
      • Romeo
    • Washtenaw County >
      • Ann Arbor
      • Saline
      • Chelsea
      • Pittsfield Twp
      • Ypsilanti
      • Ypsilanti Twp
    • Lenawee County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
  • Offenses
    • Operating While Impaired
    • Super Drunk | High BAC
    • Operating Presence Drugs
    • Operating While Intoxicated
    • Minor BAC | Zero Tolerance
    • DUI Expungement
    • OWI Child Endangerment
    • Felony DUI Third Offense
    • DUI Videos
  • Growth Mindset
  • Common Issues
    • Making Substantial Changes
    • Experience Change Model
    • Trial Videos
    • Can the prosecutor prove I was driving?
    • What are my bond conditions?
    • Out of State License
    • Surviving the Implied Consent Law
    • CDL Concerns
    • Field Sobriety / PBT
    • How to beat the blood draw
    • How to beat the Datamaster
  • 5-Star Defense
  • Contact Me
    • Our Team
    • Client Application
  • DUI Expungement
  • Prosecutor Confessions
    • Why I became a Defense Lawyer
    • OWI First Offense
    • OWI Second Offense
    • OWI Third Offense
    • Field Sobriety Tests
    • Implied Consent
    • Hardship Appeal
    • Chemical Tests
    • Sobriety Court
  • Courts
    • Oakland County >
      • More Courts >
        • Oak Park
        • Madison Heights
        • Hazel Park
        • Ferndale
        • Pontiac
        • Waterford
      • Novi 52-1
      • Clarkston 52-2
      • Rochester Hills 52-3
      • Troy 52-4
      • Royal Oak 44th
      • Southfield 46th
      • Farmington Hills
      • Bloomfield 48th
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Twp 14A1
      • Ypsilanti 14-A
      • Ypsilanti 14-B
      • Chelsea 14A3
      • Saline 14A4
    • Wayne County >
      • More Courts >
        • Redford
        • Lincoln Park
        • 25th District Court Ecorse
        • Wyandotte
        • Southgate
        • 30th District Court Highland
        • Hamtramck
        • Dearborn Heights
        • 32nd District Court Harper Woods
      • Livonia
      • Plymouth 35th
      • Allen Park
      • Romulus
      • Grosse Pointe
      • Woodhaven
      • Dearborn
      • Detroit
      • Garden City
      • Westland
    • Macomb County >
      • Center Line District Court
      • Clinton Township
      • Eastpointe District Court
      • Fraser | Roseville
      • Shelby Township
      • Sterling Heights
      • St Clair Shores
      • New Baltimore | Chesterfield
      • Warren
    • Livingston County
    • Genesee County
    • Jackson County
    • Monroe County
    • Lenawee County
  • Leading with Empathy
  • Reviews