1. Once arrested, were you read your chemical test rights? Like the portable breath test, a police officer must read you your chemical test rights, and inform you of the consequences of not taking the officer’s choice of test. Failure to take a chemical test results in an automatic one year suspension of your license and 6 points on your master driving record. From there, the police officer can seek a warrant to draw blood, which could provide for evidence to be used against you.
2. Assuming you took a DataMaster test, did the officer observe you for 15 minutes, and check your mouth for foreign objects? The DataMaster training manual states that the operator of the machine, must observe a subject for 15 minutes prior to administering the DataMaster test, and check the subjects mouth for foreign objects, which might affect the results of this chemical test. It may be possible to obtain a video of this test, but usually the client can provide this important information.
3. Assuming you had blood drawn instead of the DataMaster test, who drew the blood, and were certain procedures followed? There are very strict protocols for drunk driving cases where the police obtain blood evidence from your person. One major red flag is the use of rubbing alcohol on the skin prior to drawing blood. Another issue is whether two vials of blood were taken, and sealed in a Michigan State Police blood kit.
4. How were things left with the police officer? Most clients charged with a DUI will be released within a short period of time. You be granted a cash bond by the police officer, and given a court date or told that you will be receiving something in the mail with your first court date. This could give your lawyer more information about how your case is scheduling going forward.