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Breath Testing Rules and Regulations in Michigan DUI Cases
Michigan’s rules and regulations for breath testing are set forth by law and by administrative rule. There are also a variety of rules and regulations contained in the DataMaster Evidential Breath Test Manual. Together these rules and regulations are intended to assure that a breath test result is reliable and admissible in a court of law. The problem is that these rules and regulations are often not followed.
The implied consent law in Michigan in Michigan Compiled Laws sec. 257.625a, provides that if you are arrested for drunk driving then you must submit to a chemical test, the purpose of which is to determine how much alcohol is in your body. Most of the time, the police will ask you to submit to a breath test. The Michigan chemical test rights provide that even if you took a breath test at the roadside, you must still submit to this second “evidentiary” breath test.
Specifically, the Michigan Vehicle Code, in section 257.625a provides: