The Datamaster Breath Test
The Datamaster breath test is administered at the police station after an arrest. The police officer administering the test must be properly trained and qualified to administer the test, and the Datamaster device must be regularly tested and certified in working order. Prior to administering the Datamaster test, the police officer administering the test must actually observe the arrested driver for 15 consecutive minutes prior to administering the test.
A copy of the Michigan Breath Test Operator Training Manual (2003) is available for the first time online. Even though this information is public information, this is an exclusive through our firm, as the Michigan State Police refuse to publish the manual on its website. To obtain an original copy of the Michigan Breath Test Operator Training Manual, you must send a Freedom of Information Act request to the Michigan State Police.
The science of the Datamaster is complicated, and it is subject to a number of flaws. The breathalyzer machine is designed to test an average white male and it includes a mathematical assumption that the ratio of alcohol in the blood to the alcohol in a person's deep lung air or breath is 2100 to 1. It is assumed that this assumption never changes and is the same for every person. It is also assumed that the breath sample is the same reading that would have been registered at the time of driving. These assumptions are generally understood to be based upon averages only, and it has been scientifically proven time and again that a breath sample based upon these averages may vary so much that a legally intoxicated driver measures sober, while a sober driver measures legally intoxicated.
Despite the problems with breath samples overall, the Datamaster breath test is admissible in court as evidence of the defendant's blood alcohol level.
Please do not hesitate to call our law offices if you have been charged with a drunk driving DUI OWI DWI charge. Call us toll free at (888) 941-1122. Experienced drunk driving defense attorneys are ready to help you fight your case.
Disclaimer:
The materials contained in this web site have been prepared for informational purposes only. The information is general in nature, and it may not apply to particular factual or legal circumstances. In any event, the materials do not constitute legal advice or opinions and should not be relied upon as such. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon any information in this web site without seeking professional counsel.
© Copyright 2004 Maze Legal Group, PC. All Rights Reserved.