Will I have to test for alcohol if arrested for a DUI in Michigan, and what are my options?

When charged with drunk driving in Michigan, you will eventually go before a judge who needs to determine your bond conditions.  The judge could have you post money to make sure you return to court, can limit your ability to travel, and may test for drugs and alcohol during the case.

The judge will usually set random testing with no prior offenses, but may set more frequent testing with prior offenses, or certain facts like a high alcohol level result.  The random testing would normally take place at a 3rd party testing facility where the person charged would pay for their testing, but some courts require/allow testing with a police department that could be cheaper or even free.

Many of my clients travel or may be from a different area in Michigan or even out of state, these clients can't test where most people test, and we need to make other arrangements.  These arrangements might include a different testing facility more local to my client, or we may use a portable testing device where the results are transmitted to a testing company or downloaded every few weeks.    

The cheapest option is using with a PBT (preliminary breath test) at a testing facility or a police station.  It might be random or daily or twice daily.  These tests are usually in the morning to try to catch alcohol from the night before.  If the client has prior alcohol offenses, a judge might order an alcohol tether that has the ability to detect the use of alcohol around the clock. The units contain sensors that test the concentration of alcohol present in the insensible (evaporates before it is perceived) perspiration that is constantly given off by the skin and tests and stores data obtained every 30 minutes, 24 hours per day. This is the most expenses and most taxing on your daily life.  

The portable breath test, sometimes called the in-home unit is the best of both worlds.  It allows testing as much as ordered by the judge, avoids going to a facility when you're needed to test, is easy to blow into as it is always with you, and you're able to travel with it, because it comes with you.  I usually recommended this option for many of my professional clients such as a doctor, lawyer, c-level executives or anyone who works early, and doesn't stop working until most people are already at home from their day.  

Although being charged with a drunk driving offense should create changes and push people into prioritizing the case, it shouldn't cost you the ability to do your job, earn money for your family, and physically be present for the important matters in your own life.  You're not going to learn from the case or improve yourself if you lose your job or can't take care of your kids because you're testing so much that it consumes your life.  A court should always be flexible as long as the ultimate goal is achieved, which is sobriety and being able to prove this to the court.  

Other testing options are an ignition interlock device, which is installed in a vehicle, these devices require the driver to perform a breath test before the vehicle can be started. Interlock devices now come equipped with a camera to identify the person performing the test.  This device has to be on any vehicle you drive, and if you're not with your vehicle then you have no way of testing.  I only recommend this as a testing option for my client if it has been ordered for other reasons by the Secretary of State, and you want to avoid paying for two devices.  

The final common option is the Ethyl Glucuronide test or ETG alcohol test.  These tests measure the amount of EtG of alcohol in urine. Depending on the amount of alcohol consumed, the test may be able to detect the presence of alcohol consumed for up to 72 hours before the test is performed. This test is more expensive than the PBT, but it covers more time, which means a judge can order less tests.  This is a common method to test if someone travels and returns - the judge can attempt to cover the period of time when the client traveled - if anything it scares the people into not drinking, because they know a number of days can be covered by the test unlike the PBT, which will read zero a few hours after drinking.  

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