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Challenging the DUI Evidence Against You

Defending Clients Against Drunk Driving Charges (DUI) Since 1998

In Michigan, the legal limit is .08% BAC (Blood Alcohol Content). This number is determined by a breath test or breathalyzer machine used at the police station after being arrested, or a blood test.

Most police officers in Michigan depends on breathalyzers to prosecute motorists suspected of driving while intoxicated. These machines usually are not perfect. In fact, breathalyzers are prone to mechanical and human errors. When breathalyzers are poorly maintained, they fail to properly calibrate give accurate result. 
Michigan makes it illegal to operate a motor vehicle with a blood alcohol concentration of greater than .08. Additionally, it is illegal to operate a motor vehicle while you are “visibly impaired” by alcohol or other drugs. One of our first lines of DUI investigation concerns the breath analysis device itself. If we find that the accuracy of the device that measured your BAC is subject to question for lack of maintenance or failed inspection, our DUI lawyers can often show that your breath test evidence should be disregarded. Our DUI attorney understands how to challenge the results of a Breathalyzer or blood test, using forensic experts and lab technicians to expose violations of procedure, faulty equipment, and tainted evidence.

Our DUI lawyers can also argue the "absorbtion defense" depending on when you were arrested and when the Breathalyzer test was given. Keep in mind that it takes alcohol nearly two hours to get into your bloodstream. If the alcohol you drank hasn't reached your bloodstream, it hasn't been factored into your BAC number despite the fact that the machine detected it. This means the officer will have an incorrect reading; albeit a wrong high reading

One possible defense is if you have asthma and are unable to properly breathe into the machine in order to provide an adequate sample. Another valid defense is if for any reason you are physically unable to take the breath test. If there is a valid scenario rendering you incapable of giving a breath sample, you may have a defense against an additional penalty imposed due to refusal.

Our DUI attorneys know how to look for procedural and operational testing errors that can influence false test results. And there are many. We’ll review these strategies during an initial, no-fee consultation to help you determine whether or not to plead guilty.