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What Happens if My Chemical Test is More than Two Hours Later? Weight vs Admissibility in a DUI case.

In Michigan, recent case law states that the two-hour rule no longer applies. The Wager decision stated at the conclusion of its opinion: “To the extent that the passage of time reduces the probative value of the test, the diminution goes to weight, not admissibility, and is for the parties to argue before the finder of fact.”

This means that a judge will most likely not suppress the chemical test results prior to trial, and you will be forced to go to bench or jury trial and argue that the tests have no probative value, and therefore the prosecutor cannot meet their burden on showing that you were intoxicated via a chemical test result.

The court of appeals in People v Campbell made a distinction between time affecting the reliability of the results and the relevancy of the test.  The reliability of the chemical test results are determined by the proper administration of the chemical test by a qualified operator.  Relevancy is a different question left to the trier of fact.  

It appears that Michigan courts recognize that there are going to be some tests that should not be admitted because of a lengthy passage of time. It appears that the Campbell case has moved that time to past 21/2 hours.