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In recent years, several states have begun reevaluating the role of breathalyzers in driving under the influence (DUI) cases, and Massachusetts is one of the latest states to informally abandon their use. Nearly all district attorneys in Massachusetts have either stopped using breathalyzer results as evidence in DUI cases or severely limited their inclusion in trials. This change comes after an investigation uncovered serious issues with the accuracy of breath tests, which led to 27,000 DUI convictions potentially being retried.
The challenge to breathalyzer accuracy isn’t just an isolated issue in Massachusetts. Years of defense lawyers scrutinizing the validity of breath test results revealed widespread inconsistencies, leading to the state’s decision to reconsider its reliance on the technology. While some legal professionals and state officials still stand by breathalyzers, others believe that these results are no longer reliable enough to be used in the courtroom.
A Shift to Field Sobriety Tests and Other Methods
Without breathalyzers, law enforcement in Massachusetts may now be forced to rely on field sobriety tests, which have their own set of challenges. Unlike breathalyzer tests, field sobriety tests are subjective, based largely on an officer’s opinion of a driver’s behavior. This introduces the risk of errors and inconsistency in determining impairment, particularly since many drivers may fail sobriety tests due to factors unrelated to intoxication, such as medical conditions or physical limitations.
In Michigan, a similar shift has been occurring. Michigan State Police have largely stopped using breathalyzers in DUI arrests, particularly after concerns arose about the reliability of calibration and maintenance practices. Instead, police in Michigan’s highest DUI arrest areas have been turning to blood tests, which are more reliable but also more expensive and time-consuming than breath tests.
The Investigation into Breathalyzer Calibration in Michigan
In 2020, Michigan State Police took breathalyzers out of service after accusations of falsified calibration records by the company responsible for maintaining the devices. Intoximeters, Inc., which had been hired in 2018 to calibrate Michigan’s stationary breathalyzers, faced allegations of “deceptive falsification” of certification records. These allegations raised significant doubts about the accuracy of data collected by breathalyzers in several police departments.
Before the removal of breathalyzers from service, these devices were widely trusted to provide accurate BAC readings using infrared spectroscopy, a more sophisticated method than roadside handheld breathalyzers. However, due to ongoing concerns and investigations, Michigan State Police have started maintaining and recalibrating their own breathalyzer equipment, returning a small number of Datamaster machines to service.
Michigan’s Implied Consent Law and Blood Tests
In both Michigan and Massachusetts, the “implied consent” law means that by operating a vehicle, drivers have already consented to taking a DUI test if arrested. However, refusal to submit to a breathalyzer or blood test can lead to severe penalties, including a one-year license suspension in Michigan, which can be appealed. In Michigan, police can also seek a warrant to forcibly administer a blood test if necessary.
DUI Penalties in Michigan: What You Need to Know
Michigan’s DUI penalties are severe and escalate depending on the severity of the offense and the driver’s blood alcohol content (BAC). First-time offenders face fines ranging from $100 to $500, up to 93 days in jail, and a 30-day license suspension. For those with a BAC of 0.17 or higher, penalties are significantly harsher, including longer jail sentences and extended license suspensions.
In cases involving death or serious injury, DUI offenders in Michigan can face up to 15 years of imprisonment, significant fines, vehicle immobilization, and possible vehicle forfeiture. The combination of blood tests and other evidence presented in DUI cases can lead to severe legal and personal consequences.
Why It’s Important to Have an Experienced DUI Defense Lawyer
If you are facing DUI charges in Michigan or Massachusetts, having an experienced DUI defense lawyer is essential. With the growing concerns surrounding the accuracy of breathalyzers and the introduction of more reliable testing methods like blood tests, it’s crucial to have an attorney who understands the nuances of DUI testing and can challenge the evidence in your case.
At Manley & Manley, our attorneys have decades of experience defending individuals facing DUI charges. We know how to challenge breathalyzer and blood test results, and we are committed to getting the best possible outcome for your case. If you’ve been arrested for DUI, don’t wait—contact us for a free case evaluation today.