Can You Fight a Breathalyzer Result in Michigan?

Quick Summary: Yes. A breathalyzer result can be challenged in a Michigan OWI case when the traffic stop, arrest, test administration, observation period, machine records, or handling of the sample raises a real legal or scientific issue. At Samouris Law Firm, I do not treat a BAC number as the end of the case; I examine how the government obtained it and whether it can meet its burden in court. The first issue that any good criminal defense attorney examines, is the initial police contact. In other words, why did you first interact with the police? Were you in a car accident? Conversely, were you pulled over for doing 30 in a 25 mph zone?

A breath test can be powerful evidence, but it is not infallible. Michigan OWI cases move quickly, and the best defense often begins with preserving video, police reports, breath-test records, dispatch information, and witness evidence before it disappears. If you were arrested in Lansing, East Lansing, Ann Arbor, Detroit, Grand Rapids, or elsewhere in Michigan, early review matters.

A Breathalyzer Reading Is Evidence, Not an Automatic Conviction

In Michigan, an OWI charge can be supported by chemical-test evidence, but the prosecution must still prove its case. A reported BAC is only one part of the evidence. I look at the entire encounter: why the officer stopped the vehicle, what the officer observed, whether field sobriety tests were properly conducted, when the arrest occurred, and how the breath test was performed.

Even a high result does not make a not-guilty outcome impossible. In an Ingham County case, Samouris Law Firm secured a not-guilty verdict on all OWI-related counts for a client with a reported BAC of 0.19. Every case is different, and past results do not guarantee a future outcome. But that result illustrates an important point: a number on a printout is not a substitute for a careful defense.

Common Ways I Challenge Breath-Test Accuracy

There is no single defense that fits every case. My job is to identify the facts and records that matter in yours. Common areas of investigation include the following:

• The traffic stop: An officer generally needs a lawful basis to stop a vehicle. If the stop was not supported by reasonable suspicion, I may evaluate whether evidence obtained afterward can be challenged.
• The arrest decision: Before requesting an evidentiary chemical test, the officer must have a proper basis for the arrest. Video, officer testimony, and the timeline can all matter.
• The observation period: Officers are expected to follow procedures designed to reduce the risk that mouth alcohol, recent drinking, vomiting, burping, smoking, or foreign substances affect a breath result. Whether the required observation occurred and was documented can be critical.
• Machine maintenance and calibration: Breath-testing instruments require proper inspection, maintenance, and accuracy checks. I review the available records instead of simply assuming the machine was functioning correctly.
• Administration errors: The operator must follow the applicable testing procedures. A deviation may affect whether the result is admissible or how much weight a judge or jury gives it.
• Medical and physiological factors: Certain medical conditions, breathing patterns, or sources of mouth alcohol may require closer scrutiny. These issues are fact-specific and may call for expert analysis.
• Rising BAC: Alcohol absorption takes time. A person’s BAC at the time of driving may differ from a reading obtained later at the station, depending on the timing and circumstances.

Finding a possible issue is only the beginning. I connect the records, video, testimony, and applicable law to determine whether to seek suppression, negotiate from a stronger position, or take the case to trial. Learn more about my approach to DUI/OWI Defense.

Michigan’s Implied Consent Law and Breath-Test Refusals

Michigan’s implied consent law means that, under specified circumstances after an OWI-related arrest, a driver is considered to have consented to a chemical test of breath, blood, or urine. This is different from a roadside preliminary breath test. The implied-consent process generally concerns the evidentiary chemical test requested after arrest.

A refusal can trigger a separate driver’s-license problem even if the criminal OWI case is still pending. The officer’s report and notices matter, and the deadline to request an implied-consent hearing is short: generally 14 days after receiving the refusal notice. Missing that deadline can lead to a license suspension or denial, so do not assume the court date is the only deadline you face.

At a hearing, I assess whether the officer had reasonable grounds, whether an arrest occurred, whether you were properly advised of your rights and consequences, and whether the alleged refusal was reasonable. A refusal does not automatically answer every question in the criminal case, and it should be reviewed promptly and separately from the OWI charge.

What Evidence Should Be Reviewed Right Away?

The first days after an arrest are often the best time to begin building the defense. I seek and evaluate the dashboard and body-camera video, 911 or dispatch materials, police reports, breath-test ticket, operator records, instrument records, and any information that establishes the timing of the stop, arrest, and test.

I also want to know what happened before driving and during the stop. When was your last drink? Did you eat? Did you use mouthwash, medication, or tobacco? Were you ill? Did the officer observe you continuously before testing? Details that may seem minor can be important when compared with the report and video.

Why Local Michigan OWI Experience Matters

OWI cases are not handled in a vacuum. Procedures, prosecutors, courts, and practical expectations can differ across Michigan. I have spent more than 30 years trying cases, and I personally handle the work at Samouris Law Firm. That means I can assess not only the reported BAC, but also the legal issues, the available evidence, and the choices that make sense for your priorities.

My goal is not to make promises before the investigation is complete. It is to give you clear advice, challenge unreliable evidence where the facts and law support it, and prepare your case for the strongest available result.

FAQ

Can a breathalyzer result be thrown out in Michigan?

It can be challenged when there is a legally significant problem with the stop, arrest, procedures, test administration, or reliability of the result. Whether a court suppresses evidence depends on the specific facts and applicable law.

Can I challenge a breath test if I blew over the legal limit?

Yes. A result over the legal limit does not prevent a defense. I review whether the result accurately reflects your alcohol level at the relevant time and whether the government obtained the evidence lawfully.

What is the difference between a PBT and the station breath test?

A roadside preliminary breath test and an evidentiary chemical breath test serve different roles. The latter is typically the test connected to Michigan’s implied consent process after an arrest.

What happens if I refuse the post-arrest breath test?

A refusal may lead to an implied-consent license sanction and a tight deadline to request a hearing. Contact counsel immediately so the criminal case and license consequences can both be evaluated.

Should I wait for my first court date to hire an OWI lawyer?

No. Evidence can be lost, and implied-consent deadlines may arrive before your first court appearance. The sooner I can review the facts, the sooner I can identify issues worth pursuing.

If you are facing an OWI allegation or a breath-test refusal, call Samouris Law Firm at (517) 347-7047 to discuss your case.