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Breath alcohol tests in Michigan must be done in accordance with the procedures established by Michigan’s administrative rules.   These rules are important because an improperly administered breath test can have a devastating impact on your DUI OWI case.  In Michigan, officers in every city are required to follow specific rules on how and when to properly give a breath test. 

One of the most important rules is the 15-minute observation period. An officer can only collect a breath sample after he or she has continuously observed you for 15 minutes.  Why is this rule so important?  Because a Breathalyzer test uses infrared spectroscopy technology to detect the presence of a methyl group in the molecules on your breath.  It sounds technical because it is.  What this means is that even the smallest trace of alcohol can be detected with a breath test.

For example, one small burp can transport trace amounts of alcohol from your stomach to your mouth, which is...

A commercial driver’s license (CDL) is required if you operate certain types of vehicles over a certain gross weight.  This typically includes tow trucks, tractor trailers, and buses.  The primary reason a person obtains a CDL is for employment purposes.  Because operating a tow truck, bus, or other heavy vehicle is a career choice, losing the license means losing your ability to adequately support yourself and your family—which can be devastating.

In 2005, the law covering suspension of a commercial driver’s license increased its penalties to include CDL suspension even if your conviction involved only your personal vehicle.  This is a very stiff penalty considering that your CDL will be automatically suspended if you are convicted of any drinking and driving offense, which includes operating while impaired (OWI) or refusing a breath test. If it is your first offense, your CDL will be suspended for one year.  However, if it is your second or third offense your license wi...

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