Challenge the Datamaster in Michigan - Must follow the 15 minute observation rule for the result to be admissible for a DUI

In Michigan, if a Datamaster chemical test is offered by the police, current Michigan law states that before administering the Datamaster, there must be a 15-minute waiting period of observation. The observation time is to ensure that the person does not smoke, throw up or put anything in their mouth. If any of these three occur then the result of the test could, and likely is tainted. Because cops and prosecutors don’t like to have evidence suppressed this rule was created, but not always followed.

When I first take on a case, one of the first things that I look at is the evidence ticket from the Datamaster. I look for the start observation time and the time of the first sample provided. If there is not 15-minutes built in then the results are ripe for suppression.

Along with the 15-minutes themselves, there also must be “observation” of my client. Recent case law has expanded what observation means; current cases say that the observer can look away for a moment, and the observation can be shared by multiple officers.

Although the interpretation of the rules have expanded, I see many cases where the officers still lack compliance and we’re able to challenge the results. The only way I get my clients to the point of challenging the observation period is by using the information gathering stage (officially known as discovery).

The most helpful piece of information is the booking video, which should capture my client, where he/she is sitting, who if anyone is around them, and what they are doing during this time; most importantly making sure that the times line up correctly.

I’ve had a clock on the wall, the time on the video and the time on the evidence ticket all vary for observation and the test itself. Now this could have many explanations, but the one I go with, is that something isn’t right, and my client should not be prosecuted based on such questionable evidence, and we move for suppression.