In The News

In The News

Sunday, March 8, 2009

THE SECOND CHANCE FOR THE DATAMASTER TO PROVE YOU GUILTY – WHY TAKE THE SECOND SAMPLE WHEN ONE SAMPLE AT THE POLICE STATION IS ALL THAT THE LAW REQUIRES?”

By Michael Nichols

BAC DataMaster Issues
Once a subject who has agreed to take a chemical test on the BAC DataMaster provides a breath sample that the instrument accepts for analysis, he/she has met the statutory obligation pursuant to MCL 257.625c to submit to a chemical test. The subject may then decline a second test without being considered a “refusal.” A suspect who declines a second test would not be subject to the refusal procedures in MCL 257.625d through g.
If a subject’s sample analysis shows INVALID SAMPLE or INTERFERENCE DETECTED, the subject may be requested to provide another sample, but he/she is not legally obligated to do so. Seek a warrant for blood, if appropriate, but do not complete the DI-93 Report of Refusal to Submit to Chemical Test form or destroy the subject’s license.

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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.