35th District Court DUI - Judge Lowe, Plakas & Gerou
In Michigan, the DataMaster operator has certain rules and procedures to follow, but these administrative rules are silent as to how to proceed when this happens. This silence has been part of the Michigan State Police (MSP) Alcohol Enforcement Unit’s longstanding desire to provide flexibility to DataMaster operators.
The Alcohol Enforcement Unit has long believed that an invalid sample did not occur often enough to justify an overhaul of the language used in the Michigan Breath Test Operator Training Manual (2007) relating to invalid samples.
After an invalid sample is displayed, the operator may choose to continue with breath testing or to try to obtain a blood sample. This decision rests solely with the operator. This choice provides the best explanation for the use of “should” and “shall” within the same department-approved procedure. The Alcohol Enforcement Unit recognizes the confusion surrounding invalid samples but is content to keep the status quo.
If you have an invalid sample listed on your DataMaster printout, we will discuss how this will impact your DUI case.
The Alcohol Enforcement Unit has long believed that an invalid sample did not occur often enough to justify an overhaul of the language used in the Michigan Breath Test Operator Training Manual (2007) relating to invalid samples.
After an invalid sample is displayed, the operator may choose to continue with breath testing or to try to obtain a blood sample. This decision rests solely with the operator. This choice provides the best explanation for the use of “should” and “shall” within the same department-approved procedure. The Alcohol Enforcement Unit recognizes the confusion surrounding invalid samples but is content to keep the status quo.
If you have an invalid sample listed on your DataMaster printout, we will discuss how this will impact your DUI case.