Testimony in DUI Case Questions Admissibility of Sobriety Tests

If an officer believes that a motorist is driving under the influence of alcohol, the driver will undoubtedly see flashing lights behind them. To determine whether the person is intoxicated, the officer will likely administer several sobriety tests, including a breathalyzer exam that measures a person’s blood alcohol content. Should the number register higher than 0.08 (the legal driving limit in Michigan), the motorist is considered legally drunk and almost certainly will be arrested.



The results of sobriety tests, especially blood alcohol content tests, is particularly important to not only the suspected drunk driver, but also the DWI defense lawyer in Michigan representing them. If the breathalyzer test malfunctions in any way the results will be also affected, ultimately deeming a sober person intoxicated. Because juries put a significant amount of weight on the blood alcohol content results, it would be difficult to prove that the defendant was not intoxicated on arrest.



However, it is being argued that the blood-alcohol results from the state crime lab may not be as accurate as claimed. In an ongoing Michigan DUI case, the chief toxicologist provided testimony stating that the lab does not take into account the margin of error possible when calculating blood alcohol content results. Even just the handling and storage of the blood or the tools used to administer the test can affect the results–the number could register higher or lower than actual based on these factors alone. Therefore, failure to take the range of true possible values into account make the results from the crime lab ultimately unreliable.



For years, many courts across the state have upheld the state crime lab results in court. In this particular case however, the defendant’s DUI attorney in Michigan is requesting that the blood alcohol content results be excluded from the trial proceedings, as they do not account for an error rate. "If people are to be convicted of serious crimes," the suspect’s lawyer concluded, "then let’s convict them with evidence that is known to be scientifically reliable."



Although a hearing is scheduled for July 16th, the defense remains hopeful that they will be successful in this case and others. An affirmative ruling from the judge could potentially affect other DUI suspects around the state.



As seen by the case described above, not all tests are perfect. This includes breathalyzer tests. Taking the margin of error into account is essential to provide a truthful result. Otherwise, innocent people can be convicted of crimes they did not commit, and suffer all the life-changing consequences accompanying it. To ensure that your reading was fairly calculated, as well as provide for your legal defense, it is essential for suspected drunk drivers to be pro-active and find DWI defense lawyers in Michigan for assistance. Acting quickly can ensure that superior legal advice and legal representation is used to defend your driving rights, livelihood, and personal freedom.