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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

Breathalyzer techs accused of falsifying records

Law enforcement relies on different methods for detection of the presence of alcohol in a suspect’s system. One tool is a Breathalyzer, which measure the amount of alcohol in a person’s system based on breath the individual blows into it.

It is imperative that these machines be properly calibrated and maintained, so officers can do their jobs and innocent people are not wrongly accused of drunk driving.

Unfortunately, Michigan’s attorney general recently announced that two Breathalyzer technicians will be facing criminal charges after it was discovered they allegedly falsified records on repair services for Breathalyzers.

How suspicions arose

The two technicians were responsible for completing regular diagnostic tests on Breathalyzer machines. They are accused of creating phony documents that incorrectly showed they did the tests or repairs.

Michigan State Police became suspicious after they conducted a review and found inconsistencies. The two men face 15 felony charges between them, including forgery of a public record and using a computer to commit a crime.

Police suspend use of Breathalyzers

The Michigan attorney general admits this calls into question whether these machines accurately reported the blood alcohol content of people who were tested by them. For now, police have been instructed to cease using Breathalyzers until further notice. Many local police departments report they will rely on blood draws in the meantime.

How to get a fair result

When people face charges of drunk driving, it has the potential to impact the rest of their lives. Conviction can mean not just punishment from the criminal justice system, but it may also affect one’s professional and personal lives.

This situation illustrates why it is important to have a solid criminal defense strategy. If you have questions, contact an experienced criminal defense attorney.