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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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