Blood Alcohol Content (BAC) Test Thrown Out for Inaccuracies
Every DWI defense lawyer in Michigan is celebrating the recent court ruling which seeks to create more objective standards for reporting the results of chemical testing in drunk driving cases in Michigan. In this case, Mason County District Court Judge Wadell ruled that blood test results from the Michigan State Police crime lab are inadmissible in court. The judge reasoned that because the crime lab does not record or publish its margain of errors on blood alcohol blood tests, the test results are not reliable. Forensic evidence must be both relevant and reliable to be admissible in a Michigan court.
The legal limit for drinking and driving in Michigan is a blood alcohol content, or “BAC,” of .08 or less. The problem with crime lab blood tests being unreliable says Judge Wedell, is because a driver whose blood was measured at perhaps .08, .09, or .10 may actually be under the limit and therefore be innocent of a drunk driving crime. Similarly, a Michigan driver whose BAC was measured to be .07 or below may actually be guilty of intoxicated driving or impaired driving.
Being convicted of an OWI in Michigan is serious business. You could end up in jail, be required to pay fines, receive a suspension of your driving privileges and more. That is why you need Michigan’s expert dui attorneys. Serious drunk driving attorneys follow the latest developments in the Michigan DUI law and are skilled at presenting constitutional defenses.
The Michigan State Police say they plan to appeal this ruling. Currently, this new caselaw only applies in the 79th District Court but if defense attorneys have their way, a similar rule would apply in places like Ingham County, Clinton County and Eaton County. Only time will tell, and until then, DWI defense attorneys will be watching.
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Since 1998, the DWI defense lawyers at Kronzek & Cronkright have provided the best legal advice and legal representation for people accused of drunk driving in Michigan.
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