Michael J. Nichols

In The News

Monday, May 14, 2012

INTELLIGENT FINGERPRINTING DEVICE THE NEXT TECHNOLOGY DEVICE IN DUI INVESTIGATIONS

By Michael Nichols
Categories: Michael J. Nichols

Smart Start, Inc, the well-known manufacturer of breath alcohol ignition interlock devices (BAIIDs), recently announced that it obtained the distribution rights to a handheld fingerprint drug detection device manufactured by Intelligent Fingerprinting. The device detects drug metabolites contained in fingerprints and provides instant results to law
enforcement.

Many speculate that these devices will be used by law enforcement for roadside sobriety tests. Under Michigan law, a peace officer who has reasonable cause to believe that a person was operating a motor vehicle under the influence of alcoholic liquor may administer a preliminary breath test (PBT). Further, a peace officer may arrest a person
based in whole or in part based upon the results of this preliminary breath test (PBT). However, the results of a PBT are not admissible in a criminal prosecution against you.

It is unknown whether the Michigan legislature will authorize the use of handheld fingerprint devices in DUI investigations as it has authorized the use of PBTs. However, it is important for all drivers to be aware of their rights if law enforcement asks them to
submit to any form of roadside sobriety testing. Refusal of a PBT is a civil
infraction with a maximum $200 fine. Further, there is no penalty for refusing
to submit to field sobriety testing- such as the walk-and-turn test, one-legged
stand, and horizontal gaze nygstamus (HGN).

More about the Intelligent Fingerprinting device can be found here: http://www.marketwatch.com/story/smart-start-inc-expands-beyond-alcohol-interlocks-monitoring-into-drug-testing-with-revolutionary-portable-fingerprint-testing-device-2012-04-23. If you are looking for attorneys who will fight for your case regardless of the results of any roadside sobriety testing, contact the Nichols Law Firm at (517) 432-9000.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.