If a Datamaster was used in your case, the police and prosecutor are no doubt convinced that it’s 100 percent accurate. After all, their machine told them so, and machines never make errors. This machine not only NEVER makes errors in their mind, it also is completely reliable no matter who the test subject is; this stance is wrong and should be challenged. If the results are successfully challenged, a prosecutor is likely to dismiss their case, and you walk.
Each person who puts their mouth on the breath sample tube comes to it with different circumstances; a major one is pre existing medical conditions. There’s a number of these medical conditions, which can make the test result completely unreliable. If my client suffers from diabetes, and they are in a state of ketoacidosis, the elevated levels acetone in their blood could be wrongly identified as ethanol; the Datamaster machine does not know the difference. The same can be said for someone suffering from hypoglycemia. If my client suffered a mouth or head injury as part of the case (car accident of some sort), it’s very possible that they have blood in their mouth; even a small, which would not be detected by the police, could produce a “mouth alcohol” result, which is a higher concentration level, and the machine would be fooled into thinking a 0.02 is actually a 0.20. The same can be said about recent or persistent regurgitation (throwing up/spitting up etc). This occurrence would cause alcohol from the stomach to be in your mouth, which if blown into the Datamaster would provide a much higher reading. It’s a falsity to believe that the 15 minute observation rule or the machine itself would be able to make this distinction. Another common issue that could impact the reliability of the results is Gastro Esophageal Reflux Disorder (GERD), which is a condition where alcohol is expelled from the stomach and enters the mouth, which would cause a false result. Finally, if a client has dentures or any other dental issue, alcohol can get trapped in the mouth, which would create a higher concentration due to mouth alcohol. |
Click to Email Me Categories
All
|
Ann Arbor Office LocationPlymouth Office Location |
Representing DUI Clients in MichiganRepresenting 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.
|