View Our Practice Areas The National Motorists Association estimates that there is an error rate of about 50 percent when comparing Breathalyzer results of blood alcohol content against blood tests that determine actual BAC. Many factors can affect the results, and you should be aware of them if you are ever charged with DUI. Here are some of the ways a Breathalyzer test could be compromised:
SCOTUS Reinforces a State's Right to Perform a Breathalyzer Test Without a Warrant
The U.S. Supreme Court determined, by a 5-3 majority, that states can legally require suspected drunk drivers to take a breath test without a warrant. The court also held that warrantless blood tests are unconstitutional. The holding will have a significant impact on suspected drunk drivers.
Breath vs. Blood Test - Which One Should You Take?
If an Ann Arbor police officer believes a driver is operating a motor vehicle under the influence of alcohol and/or drugs, he/she will request for the driver to take a series of field sobriety tests. Depending on the results of the field sobriety tests, the officer will arrest the driver and take him/her down to the police station or a hospital to administer a breath or blood test.
Understanding Blood Alcohol Concentration and Its Impact on Driving
Understanding blood alcohol concentration (BAC) and its impact on driving can be complex. There are several factors that go into determining how much alcohol a person can consume before becoming legally intoxicated. Below is an overview of how a person's BAC can impact their driving.
Should States Lower BAC Limits?
The National Transportation Safety Board (NTSB) wants to decrease the legal blood alcohol content (BAC) limit from .08% to .05%. The lower limit is about equivalent to two drinks for a 130 lb woman and three drinks for a 175 lb man. Lowering the limit could result in more social drinkers as well as alcohol abusers being arrested for driving under the influence of alcohol. It could also result in higher penalties for drivers convicted of driving with a BAC above .05%.
The Difference Between a Preliminary Breath Test and Chemical Breath Test
Many Washtenaw County residents do not understand the difference between a preliminary breath test and chemical breath test. Due to a lack of information, a driver may have his/her license revoked under Michigan's Implied Consent laws. Read on to learn more.
The Consequences of Refusing to Submit to a Blood Alcohol Test
If you are arrested for driving under the influence of alcohol in Washtenaw County, the arresting officer will take you down to the police station for further investigation. After your arrest you will be asked to submit to a blood, urine, or breath test. Such tests are used to determine your blood alcohol content (BAC).
Medical Defenses to A DUI Charge In Washtenaw County
There are certain medical conditions that may make a person appear to be intoxicated. For example, some symptoms of hyperglycemia and alcohol impairment may be similar. Hyperglycemia occurs when a person's blood glucose concentration is above normal levels. A person who is suffering from hyperglycemia may experience slurred speech, blurred vision, fatigue, confusion, and fruity-smelling breath. Such symptoms may lead an officer to believe that a person is driving under the influence of alcohol.
New Michigan Law Reduces Legal BAC Limit for Snowmobilers and Recreational Drivers
Thanks to a new law signed by Governor Rick Snyder, boaters and snowmobilers
will be subject to stricter drunk driving violations. Changes in legislation were made to create a more level playing field for all vehicle operators.
SCOTUS DUI Machine Ruling - Breathalyzer Machines Are Generally Accurate
The Supreme Court of the United States (SCOTUS) recently rejected a motorist's challenge to the reliability of the machine used in California to test the blood alcohol content (BAC) of drivers. The justices denied review of a state Superior Court ruling that concluded that the machines are accurate and can be used to determine if whether a driver's BAC was over the legal limit of .08%.
