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A traffic stop can turn into a difficult situation if an officer suspects you of operating while intoxicated (OWI). For many, the request to take a breathalyzer test is the first time they encounter this process. It can feel confusing and intimidating. Understanding how Michigan’s breathalyzer tests work and the ways they can be challenged helps you feel prepared if you ever face this circumstance.
The Two Types of Breathalyzer Tests in Michigan
Michigan law enforcement uses two distinct types of breathalyzer tests. Each serves different purposes and carries different consequences.
The Preliminary Breath Test (PBT) is a handheld device that an officer may ask you to blow into on the side of the road. An officer uses the PBT to help establish probable cause for an OWI arrest. The results are generally not admissible as evidence in a criminal trial to prove guilt, but they can be used to support the validity of the arrest itself. You can refuse a PBT, but doing so is a civil infraction that can lead to a fine.
The second type is the evidentiary chemical test. This test is administered after you have been lawfully arrested for OWI. The results from this test can be used as evidence against you in a criminal court. This test is connected to Michigan’s implied consent law.
Understanding Michigan’s Implied Consent Law
Michigan’s implied consent law states that when you drive on any public highway, street, or parking lot, you are considered to have consented to a chemical test of your blood, breath, or urine if you are lawfully arrested for an OWI offense. This is a condition of the privilege of driving in the state.
This law is designed to encourage drivers to submit to testing. The consequences are immediate if you refuse to take a breath test after an OWI arrest. Your driver’s license will be suspended for one year for a first refusal and two years if you have a prior refusal within seven years. The Secretary of State will also add six points to your driving record. This is a separate action from your criminal case, so you could face this license suspension even if you are found not guilty of the OWI charge.
Common Issues and Flaws with Breathalyzer Tests
Although breathalyzer machines are meant to be reliable, they are not flawless. Various factors can affect the accuracy of the results, which can be used to build a defense.
1. Calibration and Maintenance: Breathalyzer machines must be calibrated and maintained regularly to provide accurate results. The test result could be compromised if a machine was not adequately serviced or if the officer did not follow proper procedure. The maintenance records of the specific machine used for your test can be subpoenaed and reviewed for any irregularities.
2. Physical and Medical Conditions: Certain conditions can impact breath test results. People with acid reflux, GERD, or diabetes may have conditions that affect the amount of alcohol vapor in their breath, leading to an artificially high reading.
3. Improper Procedure: A police officer must follow a specific protocol when administering a breath test. Before the test, the officer must observe the subject for at least 15 minutes to ensure they do not belch, vomit, or put anything in their mouth that could affect the sample. If it can be determined that an officer failed to follow this observation period, the test result may be inadmissible in court.
4. The Officer’s Reasonable Grounds for Arrest: The implied consent law only applies if the officer had reasonable grounds to believe you were operating while intoxicated. If the traffic stop or arrest was not legally justified, the evidence collected, including the breath test result, could be thrown out. This is often a critical point of challenge in OWI cases.
Strategies for Challenging a Breathalyzer Result in Court
In an OWI case, a robust defense can be built that addresses every aspect of the prosecution’s evidence. Challenging the breath test result is a central strategy.
First, a motion to suppress the breath test evidence is filed. This is a formal request to the court to exclude the test results from being used against you. It may be argued that the evidence was obtained illegally or that the test itself was unreliable due to one of the abovementioned factors.
Second, the implied consent violation can be challenged. A key component of this is the administrative hearing. You have a minimal time, just 14 days from your arrest, to request a hearing with the Michigan Secretary of State to contest the automatic license suspension. At this hearing, an officer must prove four things: that they had reasonable grounds to believe you were operating while intoxicated, that they lawfully arrested you, that they advised you of your rights and the consequences of refusal, and that you refused the test. At this hearing, the officer’s version of events can be questioned, which lays the groundwork for a defense in the criminal case.
Third, the machine used for your test is examined. Every machine has a maintenance log that records its service history. Examining these records may uncover issues like a history of inaccurate readings, a lack of regular calibration, or a need for repair that could make the test result inadmissible.
Our Commitment to Your Defense
An OWI charge is a serious matter with lasting consequences. Manley & Manley know how much is on the line and approach every case with the aggressive, compassionate, and sympathetic advocacy it deserves. If you or a loved one is facing an OWI charge in Flint, Manley & Manley are here to help. Contact us to discuss your situation and explore your options. You can call us at 810-374-0240 to schedule a confidential consultation.
