Novi DUI Attorney Discusses DataMaster Test Results
The DataMaster in Michigan assumes that everyone's body temperature is always 98.6 F, and applying common sense, this is not always true. If the body's temperature is not at this level, the DataMaster is not accurate.
DataMaster operators in Michigan are not taught that if a person has a higher than normal body temperature, the result is artificially higher than it should be. They are not taught that if a person has a higher than normal body temperature, the concentration of alcohol in the alveolar air will be increased. As a result, the DataMaster reading will be higher than it should be. You could have a blood result reading of 0.10, but in reality the number is significantly lower, which is the difference between under and over the legal limit.
If you've been charged with a DUI in Novi and your BAC level is close to the legal limit, you may have a possible defense based on your body temperature not being "average" when the test was given. I look forward to discussing the merits of this type of defense in greater detail.
DataMaster operators in Michigan are not taught that if a person has a higher than normal body temperature, the result is artificially higher than it should be. They are not taught that if a person has a higher than normal body temperature, the concentration of alcohol in the alveolar air will be increased. As a result, the DataMaster reading will be higher than it should be. You could have a blood result reading of 0.10, but in reality the number is significantly lower, which is the difference between under and over the legal limit.
If you've been charged with a DUI in Novi and your BAC level is close to the legal limit, you may have a possible defense based on your body temperature not being "average" when the test was given. I look forward to discussing the merits of this type of defense in greater detail.
