For every case that involves Operating While Intoxicated, the Nichols Law Firm requests the calibration logs for the Datamaster that was used the night of the arrest. Administration Rule 325.2653 (Equipment Accuracy) states that the breath alcohol test instrument shall be verified for accuracy at least once each calendar week, or more frequently, as the department may require. What does “accuracy” mean? It means that the result must be between .076 to .084 in order for the test result to be considered accurate. Calibration logs obtained from the City of East Lansing for the months of July and August 2010 illustrate inaccurate results. On July 17, 2010, the Datamaster instrument was taken out of service. The explanation as to why it was taken out of service is unknown at this time; however, that information has been requested pursuant to a FOIA (Freedom of Information Act). Further, on August 2, 2010, the breath test instrument verified a result of .086%, which is .002% higher than what is allowed for accuracy. Remember, the result must be between .076 to .084 to be accurate. Additional inaccuracies were found on the August 2010 Calibration logs: August 2, 2010, .086%; August 4, 2010, .085%; August 23, 2010, .85%; and August 25, 2010, .087. Following the inaccurate results, the officer who is conducting that test is to repeat the test; however, the officers on the dates listed above did not repeat any of the tests. The significance of this finding could mean a reduced charge for defendants arrested near these dates who is charged with Operating While Intoxicated or Impaired Driving or, in certain cases, a dismissal. Wendy Schiller-Nichols practices in the areas of OWI. If you have any further questions, please feel free to contact Wendy Schiller-Nichols at 517-432-9000 or 517-256-6961.
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