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Articles Posted in Breath Testing

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How to Avoid a False Positive on Breath Alcohol Ignition Interlock Devices

Michigan drivers arrested or convicted of drunk driving might be ordered to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on their car. Some judges will require a BAIID to be installed as a condition of bond.  Other times, a BAIID can be a condition of probation. With a…

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Does Michigan’s New Law Require Police to Properly Administer Roadside Sobriety Tests?

Nearly all drunk driving arrests in Michigan consist of four parts; (1) some sort of bad driving leading to a traffic stop, (2) roadside or “field sobriety tests,” (3) roadside breath test for alcohol, or saliva test for drugs, and; (4) second breath or blood test to confirm roadside test.…

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New Technology Promises to End Drunk Driving in Michigan

A recent USA Today article describes two different technologies that promise to end the occurrence of drunk driving in Michigan within 5 to 8 years.  These include a breath monitoring system that does not require the driver to breathe into a tube, and a sort of fingerprint monitor that measures…

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Five Reasons Retrograde Extrapolation Should Not Be Allowed In DUI Cases

I have written previously in this blog about the unreliability of retrograde extrapolation in drunk driving cases. This is an important topic because state experts in drunk driving cases often will come into court and try to convince the jury that the driver’s blood alcohol at the time of the…

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Fraudulent Breath Tests Lead to As Many as 4000 Wrongful Drunk Driving Convictions

The lynchpin of Michigan drunk driving prosecution is a reliable breath testing program.  Prosecutors have big problems when this reliability is legitimately called into question. This is exactly what has happened recently in Texas where it is reported that between 1200 and 4000 breath tests were fraudulently verified. According to…

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