Michigan DUI law requires an officer to visually observe a drunk driving suspect for 15 minutes prior to the administration of a breath test. The “observation period” is in place to ensure the suspect has not burped, belched, regurgitated, or placed anything in his or her mouth. Yet, mouth alcohol is one of the main reasons breath tests are oftentimes inaccurate. Even a trace amount of alcohol in your mouth can skew the breath test results in an upward direction if the breath test device does not detect the mouth alcohol. The State’s machine for DUI breath tests assumes that any reading it receives comes from your aveolar air, commonly known as air from the lungs, not the mouth. If in fact your breath test machine detects your mouth alcohol, and not the alcohol you actually ingested, your breath test result may be inaccurate. Attorney Joseph Awad is a Michigan DUI attorney skilled in the detection of police error when it comes to breath test procedures and protocol. Mistakes in the breath testing process may form the basis for a successful DUI defense. Visit the firm’s website or call today or a free and confidential evaluation of your Michigan DUI case.
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