DUIMaze

10/15/2026

Some validation tests show that breath analyzers may produce numerical results even when samples are collected inside the recommended observation period. See Michigan State Police Intoxilyzer 9000 Validation Study (2023).

10/14/2026

A person does not need to intentionally interfere with a breath test for contamination to occur. Regurgitation or belching can introduce alcohol into the mouth and distort readings for several minutes. See A.W. Jones, Measuring Alcohol in Blood and Breath for Forensic Purposes, 27 Forensic Sci Rev 91 (1996).

10/13/2026

Courts consider whether an expert’s methods have been tested and subjected to peer review. Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 593 (1993).

10/12/2026

Probable cause determinations are based on the totality of the circumstances. Gates, 462 U.S. at 238.

10/11/2026

A defendant has the right to remain silent and cannot be compelled to testify. U.S. Const. amend. V.

10/10/2026

Courts evaluate speedy trial claims using a balancing test that considers length of delay, reasons for delay, assertion of the right, and prejudice. Barker, 407 U.S. at 530.

10/09/2026

https://www.michigan-drunk-driving.com/article/who-actually-tested-blood-surrogate-analysts-smith-v-arizona-and-recent-michigan-owi-trial

When a client hands me a Michigan State Police blood alcohol report, most people assume the person who signed it is the person who tested the blood. The report carries one name, one signature, and one number. In many cases, however, the report itself tells a different story if you read it closely, a...

10/09/2026

The right to confrontation applies to forensic laboratory reports introduced as evidence. Melendez-Diaz v. Massachusetts, 557 U.S. 305, 311 (2009).

10/08/2026

The prosecution must prove each element of a criminal offense beyond a reasonable doubt. In re Winship, 397 U.S. 358, 364 (1970).

10/07/2026

Had a DUI case victory yesterday, but it was an epic battle. Arguments got picked up on youtube by Coolin with Colin. Check it out!

Happy Tuesday Everyone! I've got a good courtroom video tonight. We...