Last updated on April 19, 2023

Breath Tests and DUI Probation in Michigan

When you are charged with operating while intoxicated (OWI) in Michigan, there is a good chance you will be put on probation as part of your OWI sentencing. Typically, one requirement of OWI probation is that you abstain from consuming alcoholic beverages.

Michigan employs a number of techniques to determine if you have been drinking in violation of your probation. One method is random breathalyzer tests. Unfortunately, breath tests are not always reliable and you may face a probation revocation hearing on the basis of faulty results from a breath test. If you find yourself facing drunk driving offenses, it is imperative you consult with an experienced Michigan DUI attorney as soon as possible to get legal help.

About Breath Tests and Michigan DUI Probation

When you are put on OWI probation in Michigan, the court may impose a number of conditions at its discretion. Typically, you will be required to meet with a probation officer regularly during the course of your probation. You may also be subject to random testing to determine whether you have consumed alcohol. This testing may take the form of an EtG test, which is supposed to determine whether you consumed alcohol at any time in the course of the past 80 hours. It may also take the form of a standard breath test.

The purpose of a breath test is to determine the concentration of alcohol in the blood. As you consume alcohol, it is not digested or chemically changed immediately. Instead, it moves through your blood as alcohol. As that alcohol moves through your blood, some of it passes along the membranes of the air sacks of the lungs. This means that when you breathe, you exhale the alcohol.

When you breathe out into the breath testing device, this test can detect the concentration of alcohol you are exhaling. This gives an indication of the measure of alcohol in your body and, because it has been determined that the ratio of breath alcohol to blood alcohol is 2,100:1, the information on the alcohol in your breath is used to determine your blood alcohol content. When your blood alcohol content shows you have consumed alcohol, this information can be used to revoke your probation. 

Michigan DUI / DWI Probation Violation Hearings

When a breath test reveals you have consumed alcohol, you are entitled to a probation revocation hearing before this occurs. However, your rights in a probation violation hearing are limited. In addition, the probation violation does not need to be proved beyond a reasonable doubt in order for your probation to be revoked. It is enough to show that a violation likely occurred. In many cases, this means the failed breath test alone is enough to have your probation revoked.

What Happens If You Fail a Breathalyzer While on Probation?

Michigan DUI attorney

If you fail a breathalyzer test while on probation in Michigan, you may face a probation revocation hearing due to the violation. Breath tests are used to determine blood alcohol content, and positive results could lead to revocation of probation. However, breath tests are known to have issues and are not always reliable, raising questions about their accuracy and dependability in legal matters.

When a breath test indicates alcohol consumption, a probation revocation hearing may be granted, where limited rights are provided and proof of the probation violation does not require the standard of being beyond a reasonable doubt. The mere likelihood of a violation is adequate grounds for a hearing, and a failed breath test may suffice as evidence for probation revocation. 

It is essential to seek guidance from an experienced Michigan OWI defense attorney regarding your legal rights related to breath tests and DWI probation, given the known issues with breathalyzer tests. Your attorney can assist in collecting evidence and formulating arguments to prevent unjust probation revocation due to a failed breath test. At Michigan Defense Law, our team of skilled Michigan DUI lawyers may be able to help ensure that your rights are protected and that you receive a fair hearing. Call us today at (284) 451-2200 to schedule a consultation.

Problems With Breath Tests

Unfortunately, despite the fact that a breath test can be used to send you to jail for a Michigan OWI probation violation, there are some serious questions about whether these breath tests are as reliable as law enforcement may want you to believe.

  • In an article titled Physiological Errors Associated with Alcohol Breath Testing, a University of Washington professor of physiology, biophysics, and medicine cautioned against the use of a breath test for determining intoxication in legal matters and indicated that breath testing was unreliable due to the fact that so many physiological variables exist.
  • An article, Accuracy and Precision of Breath-Alcohol Measurements for a Random Subject in the Postabsorptive State, published in Clinical Chemistry demonstrated that the breath tests of 23 percent of tested individuals revealed more blood alcohol in their bodies than was actually present at the time.
  • Breath tests have known issues including being affected by nearby devices emitting radio waves, and an inability to distinguish between blood alcohol content and alcohol in a person’s mouth, such as might be caused by diabetes, heartburn, or the use of common household items such as mouthwash.

Numerous other studies have also revealed problems with breathalyzer results caused by various factors. Because a Breathalyzer can so often lead to inaccurate or incorrect results, it is imperative you consult with an experienced Michigan OWI defense attorney to better understand your legal rights regarding breath tests and Michigan DWI probation. 

Issues Details
Criticism of Breath Tests Breath testing is unreliable due to the many physiological variables that exist
Inaccuracy of Breath Tests 23% of tested individuals showed more blood alcohol than was actually present at the time
Issues with Breath Tests Affected by nearby radio waves and cannot distinguish between blood alcohol content and alcohol in the mouth due to various factors
Impact on Legal Matters The inaccuracy of breath tests can lead to wrongful convictions and affect the outcomes of legal cases

What is the Cost of Probation in Michigan?

No matter whether you are charged with misdemeanor DUI or felony DUI, you must pay the court an assessment fee. You will owe $130.00 if you are convicted of a felony DUI, while a misdemeanor DUI will cost %75.00. This fee is used to cover the victim’s legal services.

Your case will be transferred to circuit court if you are convicted of felony DUI. A probation supervision fee must be paid by anyone sentenced in circuit court to probation. This fee costs $30.00 and is multiplied according to the length of your probation in months. If you are sentenced to 3 years probation, you will be responsible for $1,080.00.

You’ll be charged $60.00 if you have an electronic monitoring device placed on your body. This amount is multiplied by how many months you were under probation. This means that it will cost you $2,160.00 for three (3) years of probation. If the probationer is found indigent, most courts allow for payment plans or waive fees. The person must be “one without sufficient income” in order to waive these fees.

You may also be subject to additional fines or costs by the court, including expenses related to prosecuting defendants. It is important to seek the help of an experienced DUI lawyer when facing DUI charges. A skilled lawyer may be able to help you protect your freedom and rights and may be able to help you avoid paying these fees.

Facing a DWI Probation Hearing Because of a Breath Test? Get Legal Help Now

Because you have fewer legal protections in a probation violation hearing, it is especially important to contact an experienced Michigan DWI defense attorney for help before a probation revocation hearing. Your OWI defense attorney can assist you in getting evidence and crafting arguments to help you to avoid the unfair revocation of your probation after a failed breath test.

Posted in: DWI
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