Police


Michigan's primary statute dealing with breath and blood testing for alcohol in drunk driving cases is MCL 257.625a. Additionally, the Department of State Police has published special rules for administering breath tests due to the number of common errors that can foul the results of these tests. See, Rule R 325.2651 et seq. for these regulations.

Finally, the Forensic Science Division of the Michigan State Police have developed rules for testing blood and urine published in Rule R 325.2671 et seq. Interestingly, no rules exist for testing blood, breath or urine for the presence of controlled substances.

As you review these statutory provisions and the administrative code, you may notice that the rules are extremely broad and often times ambiguous. For instance, even though Michigan uses the BAC Datamaster for testing breath samples in drunk driving cases, neither the statute nor the administrative rules ever mention the word "datamaster." Likewise, rules for testing blood and urine samples are extremely broad, avoiding specific detail.

The broad and ambiguous rules are intentionally drafted by the Michigan State Police to permit flexibility, maximizing the likelihood that evidence will be admissible at trial against the accused. However, this weakness has been exposed recently by the Maze Legal Group, which filed a 24 page civil complaint against the Department of State Police to stop these unlawful practices. As this case develops, revisions are expected in the rules that will increase the legal and procedural protections offered to people accused of driving under the influence of drugs or alcohol.

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