I was arrested for a DUI charge in MI with a 0.11 BAC (limit being 0.08 BAC). The police officer wrote on the "breath, blood, urine test report" that the incident time was 2:27 AM and the arrest time was 2:14 AM (I believe he meant to reverse the two so that the incident time was 2:14 AM and the arrest time was 2:27 AM). On the citation, the police also wrote 2:14 AM. Since MI DUI law requires an officer to visually observe a drunk driving suspect for 15 minutes prior to the administration of a breath test...isn't that potentially grounds for something?
1 Answer from Attorneys
A good starting point is to obtain the bookingroom video tape to ensure that the officer complied with the 15- minute observation period AR ...(1) (e). But even then, recent caselaw suggests that violations of the 15-minute rule goes to weight and not admissability inasmuch. Of course, this can be challenged through motion and evidentiary hearing to suppress and/or dismiss.
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