QUESTION
Do I have a case if there was a DUI breath test error? How?
Asked on Sep 29th, 2015 on DUI/DWI - Michigan
More details to this question:
I received a DUI and blew a .21 and then a .24 3 minutes later. This seems like a big difference. Do I have a case? Is there a margin of error to prove the machine was working right?
4 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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There is a "margin of error" but you are using a misnomer. It is "uncertainty." Contact a qualified DUI attorney. That is a large range.
Answered on Sep 30th, 2015 at 8:11 AM
If it is more than 0.02 different, they are required to take a 3rd test. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Sep 30th, 2015 at 5:12 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Even if there were a margin of error, the difference between .21 and .24 is too small to use as evidence of anything. And the penalty is likely identical in either case. You probably don't want to waste your money on fighting this issue. However, your discovery request can include a request for records of the testing of the machine.
Answered on Sep 29th, 2015 at 4:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would certainly have a attorney look into the matter, and also you should be aware that if the tests are shown to be accurate you are going to probably have an enhanced charge of super drunk.
Answered on Sep 29th, 2015 at 3:00 PM