Legal Question in DUI Law in Michigan

Re: Can you help me with this?

Hello, I have received your posting regarding breath testing rules. I am assuming that you are inquiring about the test that takes place in the station. Michigan requires only one test. However, the regulations state that a second test shall be offered to the driver. This is to help ensure the accuracy of the first test. There are no regulations about an officer "beating on" the machine; however, there should be no need to do so if it is working properly. There are other rules that apply to the breath test that is given out on the street. That test, called a PBT or Preliminary Breath Test, is not usually admissible in trial. If you have further questions, feel free to call me. John C. Talpos (http://www.Mich-Lawyer.com)