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Grand Rapids Breath Testing in DUI Cases

Michigan law makes it a crime for drivers over the age of 21 to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. Due to Zero Tolerance laws, the legal limit for minors is much lower. If you take a Michigan breath test and the results show you are over the legal limit, you may be arrested and charged with driving under the influence (DUI) in Grand Rapids.

Types of Breath Tests

Three types of tests may be administered in order to determine your BAC—breath, blood, and urine. Of the three, breath testing is the most commonly utilized by law enforcement agencies. Breath tests are often referred to as breathalyzer tests, which is the brand name for a specific breath-testing machine.

In a drunk-driving case, you may be asked to take two different types of Michigan breath tests. One is a portable, roadside test and the other is a more accurate test administered at the detention center. The portable test is used to determine if there is probable cause to arrest you for driving under the influence. In most cases, the numerical value from this test result cannot be used in court, because the results are not always accurate. However, if the “rising blood alcohol” defense is used during a case, the prosecutor may file a motion to have the test results admitted into evidence to show your BAC at the time you were driving.

The second test is administered at the jail or police station—the results from this test are considered the most scientifically accurate and can be used as evidence against you. Michigan law enforcement agencies use “DataMaster” breath-testing machines, a table-top machine that prints out the results after you have taken the breath test.

Administrating a Test

Michigan administrative rules require the police to take two breath samples; however, the courts have ruled that only one sample is really required. If two breath samples are taken, the results must be within an allowable range of error or they may be thrown out. The range of error accepted depends on the specific results of the test.

In order to prove the quality of the test results, Michigan’s administrative rules also state that the prosecution must prove that the breath-testing machine was in working order and properly maintained at the time of your test.

The way you blow into DataMaster can affect your breath test results. If you blow into the unit too hard, a pressure malfunction may cause a false reading. Hyperventilating or leaning forward while seated can also cause inflated test results.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.