The Fever Defense

In drinking and driving cases that take place in Oakland County, it is believed that many people who are innocent plead guilty because of really bad advice from their lawyers. Generally, most lawyers will look at a Datamaster DMT breath test result over the legal limit and indicate to their client that the operating while intoxicated case is unwinnable because the result of the test is higher than a .08.  Of course this is not true at all as drunk driving trial attorney Jim Amberg has received dozens of not guilty verdicts when the breath test score was at a .08 or higher. 

One great argument to make is that the officer never inquired as to whether the defendant was sick at the time of the taking of the breath test.  Scientific studies have shown that having a fever can throw off the results of the breath test by up to 23%.  This means that somebody who blows a .10 could actually have been below the legal alcohol limit in Michigan and is innocent of drunk driving. 

Of course, unless your lawyer actually has experience with conducting drinking and driving trials in Michigan, chances are nobody on your defense team even thought of this as a possibility. This is why it is so important that your attorney actually understands the science behind the breath testing.