Michigan OWI Attorney J. Dallo explains Challenging a Breathalyzer Test in Michigan OWI cases. If you’ve been arrested for an OWI offense in Bloomfield Hills, Birmingham, or anywhere in Oakland County, Michigan, or surrounding areas, contact Dallo Law, P.C. at (248) 283-7000 to schedule a free and confidential consultation to discuss your defense.
The two main issues that come up in breathalyzer tests are the officer’s experience and the calibration of the machine. I would also include in there the effectiveness of the equipment. So those are the two things that I typically challenge. How do I challenge the officer’s experience? If it gets there, it will be on cross-examination. So if we go to trial, on a drunk driving case, and a breathalyzer is the centerpiece of it or even a part of it, it’s good to challenge the officer and that’s what I do. I don’t let that just slide by. I do ask the officer their experience, how they performed it, things like that. So you might be able to find something there, that maybe was done improperly, to demonstrate to the judge or to the jury. The second thing, like how I mentioned is the equipment. It’s not always calibrated, it’s not always done right, it doesn’t always work. There have been studies that have shown that breathalyzer machines aren’t effective, they don’t always work right. Even brand new, even never been used before. So it’s important to challenge that.