Algonac, MI DUI and OWI Law Firms & Lawyers

Yes. The Utah Court of Appeals ruled that in order to ensure that breath test results are presumed valid, Utah Prosecutors must present evidence of the following: (1) the breath machine had been properly checked by a trained technician, and that the breath machine was in proper working condition at the time of the test; (2) the breath test was administered correctly by a qualified operator; and (3) a peace officer observed the defendant during the fifteen minutes immediately proceeding the test to ensure that the defendant introduced nothing into their mouth during that time.[1] In order to establish that the breath machine had been properly checked by a trained technician, and that the breath machine was in proper working condition at the time of the test, Utah Prosecutors will present the following evidence: (1) Certification Report; (2) Operational Checklist; and (3) Test record printout. In order to establish that the breath test was administered by a qualified operator, the State of Utah will present the administrating officer?s current certification to administer the breath test. As you can see, there are a number of ways to attack the admissibility of the breath test results. Hope this helps.

Yes it was a lawful stop and yes the officer had probable cause. Your son is 20, which means that he is under the legal age to drink, which means zero tolerance. There was observed drinking. There was observed driving. You do not say what your son's breath test results were. My advice: hire an attorney.

Uhh. How about this? I am an alcoholic. I have been caught drinking and driving before, but my EXCUSE this time is I was devastated, which is different from the EXCUSE I will use when I am stopped and arrested for the third DUI.