When I work on a DUI case in Michigan with a Datamaster result, I always look at the different times in the police reports and evidence.
1 - I look for the first police contact time
2 - I look for what test an arrest was made
3 - I look for what time a PBT was done
4 - I look for what time chemical test rights were read
5 - I look for start of the observation time
6 - I look for the times that the Datamaster tests were done - there's usually two of them
The first police contact is the first moment that we can be assured that my client is not drinking, and therefore we can start the clock on time between last drink and the Datamaster. It's very likely more time than this has gone by, but that's a case by case issue.
Let's say, the traffic stop happened at 2 am, and the first Datamaster test is at 3:03 am. With about an hour gone by, the blood level is either at it's maximum level from drinks right before the traffic stop, or on the decline as alcohol was at its peak when the stop was made. If the prosecutor can't provide the timing on the last drinks, a jury is left to wonder, and a good defense is ready to be made about reasonable doubt as to that level.
The Datamaster machine looks at your BAC level at the police station, the number will always be higher or lower than the number when you were driving; jury instructions are provided that tell a jury that can infer the number is the same, but common sense, and a good defense will point out that it lacks common sense, and probably should not be followed.
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