A judge dismissed an OWI charge in the middle of Mike Nichols' cross examination of the arresting officer. "The officer admitted that the datamaster gave him an ambient fail. I then made him read the portion of the operator's manual for the datamaster that said that ambient fail is a display message that means that there may be contaminated air in the room. A short time later the judge excused the jury for lunch and advised the prosecutor that he felt he needed to dismiss the case because the officer should have followed up and, as he admitted, the officer didn't even know what to do." To find out more about whether your breath result may be contaminated, click here for http://www.datamasterlimits.com.

Mike Nichols is certified in Standardized Field Sobriety Tests (SFSTs) after he attended a 24-hour course and passed a proficiency exam. “It was fascinating to administer the SFSTs on our intoxicated subjects” said Nichols. He added: “I have a much better understanding for how difficult the tests are for both the subject being tested and the officer administering the test. Hence, if the officer is not careful, cautious and patient the test can easily end up as an invalid indicator of intoxication; and that is no better than flipping a coin when deciding whether to arrest someone.”