Accused of failing a breathalyzer

Asked over 1 year ago - Royal Oak, MI

Im on daily breathalyzers last weekend I did one and the PO told me I blew numbers I never saw the breathalyzer result or was told what I supposedly blew.They told me to sit down and 10 minutes later they gave me another test and I obviously blew 0s and they let me walk out and leave.I told them I had not been drinking and they still accused me.Is it possible the breathalyzer was messed up how come the second breathalyzer was fine? Can I fight this?

Attorney answers (5)

  1. J. Matthew Catchick Jr.

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . They likely did two tests to see if the alcohol in your mouth dissipated sufficiently to indicate something harmless, like mouthwash. Have they already told you that they are going to violate you? If so, I would kindly but strongly recommend you ASAP consult with a local attorney like myself to assess all your options and potential defenses. If you are "show caused" for allegedly violating your Probation, you could be jailed, so please be careful! Warmest regards, Matt Catchick. 248-606-5522.

  2. Jerome George Quinn Jr.

    Pro

    Contributor Level 8

    4

    Lawyers agree

    Answered . Breath tests can absolutely be inaccurate in both the function of the machine and through operator error. That being said, I agree with my colleagues above. If your parole is violated hire a local attorney ASAP.

  3. Becket J. Jones

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . You said you are accused of failing a breathalyzer, however the only real issue is whether they have filed for a formal probation violation. If they haven't filed a formal probation violation, than it would appear there is no ongoing issue between you and probation.

    Now, if there is a formal probation violation matter to be dealt with, than you may need to touch base with an attorney in the near future. If the alleged alcohol use was in the past 72-80 hours than you should contact a lab that does ETG testing and request a test immediately. If the incident occurred more than 80 hours ago, than you will not be able to scientifically prove that you were not drinking outside of the PBT device results themselves.

    Best of Luck.

    An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
  4. Scott Matthew Aaronson

    Contributor Level 13

    3

    Lawyers agree

    Answered . The best way to fight this is to go to a private lab and get an ETG ASAP. That test should go back 72 hours and will protect you if they violate you.

  5. Gary K. Springstead

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . The pbt is not that reliable especially if the police don't follow the required protocol. Not that surprising the second result was different. It is for this reason the accused need an attorney who understands the science and flaws inherent in this device.

    Also, you should consult a licensed attorney in Michigan about your particular case, as this is not meant to be... more

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