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Can Radio Frequency Interference Impact My BAC Result in Michigan?

In Michigan, police officers use the DataMaster for chemical breath testing. This device is a electronic device, which is subject to interference with other electronic devices.  In fact, the more sophisticated a piece of equipment is, the greater the risk of radio frequency interference The DataMaster in Michigan is equipped with a sensor that is designed to determine whether there is radio frequency interference, but Michigan does not publish these guidelines for the general public.  There are also no administrative rules on the testing of the machine for this radio frequency. 

In Michigan, the police should be testing for background radio frequency from security radios, base radio communications from the police station itself, portable transmitter such as handheld police radio and mobile transmissions from patrol cars and EMS 

The DataMaster in Michigan will do a one-time test to determine the presence of frequency yet will not continue to test for it while the breath test is being administered.  It's common sense than radio frequency will change from second to second, minute to minute and new frequencies may appear during the test; the machine does not detect beyond this minute.  This radio interference can impact the BAC reading, which can be the difference between under and over the legal limit.  

This is like running all tests of an airplane for one minute, taking the plane up in the air then no longer monitoring for issues.  This is simply dangerous! When your freedom and ability to drive is on the line, do you really think this sort of testing is fair? Other states use shielding devices on their machines to prevent this issue, Michigan does not!

If you believe your BAC number is inflated, and it just doesn't make sense to you, it's possible your result was impacted by radio frequency interference, and I'd like to discuss your case with you. 

Lawyer Jonathan Paul | Top Attorney Criminal Defense