Michigan DUI Chemical Tests 

Michigan Drunk Driving Boot Camp
Evidence: Chemical Tests

If you're arrested for drunk driving in Michigan, you will be asked to take either a DataMaster breath test or be taken to a hospital for a blood test; the purpose of both tests is to obtain a blood alcohol content sample, which will be used to charge you with drunk driving.  If you refuse to take a chemical test, the police officer will get a warrant and you will be forced to submit to the blood test.  Here is a breakdown on both tests:

Michigan DataMaster Breath Tests:

Before taking this test, the operator must observe you for 15 minutes to ensure that you have not smoked, thrown up or placed anything in your mouth.  After this period, the operator will select the "run" option on the machine, and the machine will display the time and date and the status of the machine.

If the machine tells the operator that the machine is ready, the operator will be instructed to insert a ticket.  The operator will then type in the subjects date of birth, address, name and license number; the machine will give an opportunity to make final corrections before the test begins.  If there are no corrections to the DataMaster, the test sequence will begin.

The first sequence is known as "purging" where the chambers and internal plumbing are cleansed of residual substances by ambient air, which is pulled through the inlet tube and pumped through the instrument by an internal pump.  If the chamber is clean, the display will show a .00

The second sequence is called ambient zeroing, which occurs after the pump stops and the DataMaster determines a zero reference based on ambient air in the sample chamber.  During this step, a filter is inserted into the path of the infrared to check for any contaminants in the ambient air sample.  Two different filters are used to separate ethanol from potential interference such as acetone.

The third sequence is a blank test, which is a reading made of checks conducted during the ambient zeroing and if there are no contaminants found, a .000 will be displayed.  This blank test is conducted before any subject or simulator test.

The fourth sequence is the internal standard check in which a quartz filter is dropped into the infrared light source path.  The filter absorbs infrared energy in a known amount that is determined during the initial calibration of the machine.  The infrared detector receives a reduced amount of infrared energy that was transmitted by the infrared source.  The reduced intensity is evaluated mathematically by the microprocessor and a predetermined result must be achieved.  This step is an evaluation of the machine's entire electronic system, signal analysis, and proceeding system to determine that everything is working properly.  The recording will be listed on the evidence ticket as "internal standard"

Once these four sequences are conducted, the operator will place a sterile mouthpiece on the tube and the machine will ask whether the subject is going to take the test.  If the subject agrees to take the test, the machine will display a "please blow" and the subject must blow until the machine indicates there is a test result.

A steady tone will sound that indicates an acceptable breath sample have been obtained.  If the DataMaster machine displays "invalid sample", the machine has detected mouth alcohol.  If the DataMaster indicates "incomplete" that is an indication of an inadequate breath sample.

The DataMaster is designed to display some additional error messages:  temperature low, temperature high, system won't zero, hardware error, fatal system error, calibration error, printer error, pump error, ambient fail, detector overflow, filter error, data memory battery flow and RAM error.

If a valid sample is obtained on the first test, a second test is discretionary, but most operators will obtain a second sample.  Problems with the second sample only go to the weight of the result not the admissibility of the first sample.  If a second result is obtained, and both results one and two are beyond the set limits of variance, a third test is required.

Challenging the Michigan DataMaster: 

The DataMaster measures blood alcohol content using infrared, and assumes the person being tested is the "average person".  This test while powerful evidence must be maintained properly, and the results are not always accurate.  Once the machine has a result, an evidence ticket will be printed out with the results.

The DataMaster test results are admissible if proper foundation is laid by the prosecution.  The operator who administered the test must be qualified, proper procedures must have been followed, the test must have been performed within a reasonable amount of time after arrest and the device must be shown to be reliable.  If these requirements are not met, the results are not admissible.

Each time the machine is used, it runs a self-test, which will be recorded on the evidence ticket.  The administrative rules for the DataMaster also say that the machine must be tested for accuracy each week, and test result must be between .076 and .084.  In addition to a weekly test, the machine must be verified and certified every 120 days by an authorized representative of the manufacturer.  The police department is required to retain all the test results and provide copies to defense counsel for careful examination.  If testing is not done properly, your results may be suppressed.

If you take a breath test on the DataMaster, there will usually be two separate samples.  If you have a result on sample one, but an invalid sample on the second result, this does not require suppression of the first result, and the results will usually be admissible. This is because the first test is valid on its own, and does not require additional assurance to its accuracy; the problem with the second test simply goes to weight, not admissibility.  On the other hand, if the first result is an invalid sample, the operator must re-start the 15 minute observation time and re-start the entire test.

If there is no confirming second test, an experienced Michigan DUI attorney will consider moving for suppression of the first sample at a hearing, which will involve an expert witness.  This expert witness will testify that science gives little or no weight to unconfirmed tests, and the "weight" given to a single test is not sufficient to admit the results.

Michigan DUI Blood Tests: 

Blood tests are used if an arrested drunk driver refuses a chemical test and the police obtain a search warrant to obtain a blood sample.  Blood tests are usually used in medical treatment and accident cases, along with the independent test offered by statute in Michigan.

If you've been in an accident, the police usually do not need a search warrant to obtain a sample as long as the sample was used for "medical treatment purposes".  Finally, if you submit to a breath test at the police department, you have a right to an independent blood test.

There's case law that says if you're presented with taking a blood test, and you inquire into the technician qualifications, and they cannot provide documentation, and you refuse the blood test, this will not be considered a refusal.  There is also case law that says a person's fear of needles can be considered a physical disability that precludes a motorist from participating in or completing a valid test regardless of the willingness to do so does not amount to a “refusal” under the implied consent law.

In order for the prosecution to admit the results of a blood test at trial, the prosecution must lay a proper foundation; without proper foundation, the results are not admissible.  The prosecution must show that the blood was taken in a timely manner, from a particular identified body, by an authorized licensed person, the instruments were sterile, protocols were followed in drawing the blood, the blood taken was properly preserved, kept and labeled properly, proper procedures were followed in the sample's transportation and the identity of the person who supervised the testing of the blood.

The prosecution must have the person who drew the blood testify along anyone involved in the chain of custody and the technician who tested the blood.  An experienced Michigan DUI attorney will challenge the original search warrant that was issued to obtain the sample and well as the reliability of the blood results presented at trial.

Gas chromatography is the method currently used for testing samples of blood in drunk driving and operating with a controlled substance cases in Michigan.  If the blood is drawn and tested at a hospital, this is usually a serum test which may have a higher concentration of blood alcohol resulting in a higher test result, and your attorney should look to challenge the accuracy of the results.  Serum blood samples may produce results 20 percent higher than whole blood samples.  If the blood is tested at a forensic lab, they will test whole blood.

The blood sample is usually drawn by a nurse or phlebotomist in the presence of the arresting police officer. The officer will provide a blood kit provided by the State of Michigan, which will contain two vials.  A blood sample is placed in each vial, one to be used by the crime lab in Lansing to obtain a blood result, and one will be available to the subject for independent testing.  The samples will eventually make it to the crime lab, but the chain of custody, proper temperature maintenance and proper documentation are all fruitful areas for cross-examination by your Michigan DUI attorney.

It is helpful if you can remember details about the blood test; the prosecution will have their witnesses present one side of the story, and you will be the only person who provide your side of the story.  For example, if you recall the person drawing your blood used an alcohol swab, this could result in higher test results.  Most blood samples in DUI cases will not use alcohol swabs, because of this known issue, but the person drawing the blood may be under the impression the sample is for medical purposes, not evidence in a case, and may not use the proper precautions.

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