MOUTH ALCOHOL

Why is it that the Michigan Administrative Code requires Datamaster operater cops watch the suspected drunk driver for 15 minutes prior to taking the Datamaster test? It’s because by belching, vomiting, or having acid reflux can cause alcohol from your stomach to regurgitate back into your mouth.

SO WHAT IF THERE IS ALCOHOL IN MY MOUTH

If there is alcohol in your mouth when you blow into the Datamaster, you will have an extremely high result.  The reason for this is that the Datamaster is designed to test the air in your lungs, not in your mouth.  There have been numerous studies done by academics which indicate that just a little bit of mouth alcohol can cause the Datamaster to malfunction by giving an extremely high result.  Of course, when you are talking about losing your freedom to a drunk driving charge, a malfunction like this could mean the difference between spending your nights in a jail cell versus spending the night in your own bed.

DOES YOUR DATAMASTER TICKET SAY YOU HAD AN “INVALID SAMPLE?”

If you’re Datamaster ticket, which is the pink slip that the cops give you after they let you out of jail in the morning, says that in addition to whatever your alcohol content supposedly was, there was an invalid sample, then you can assume that you probably had mouth alcohol present in your mouth when you took the Datamaster test.  If this is the case, then a motion needs to be filed to attempt to suppress the entire result as invalid.

EVEN IF THERE IS NO INVALID SAMPLE, MOUTH ALCOHOL HAPPENS ALL OF THE TIME

If you’ve ever ate 20 chicken wings and drank a few beers (as I do every Sunday watching the Detroit Lions blow it again!) you know that the acidity of the food combined with the beer will cause you to belch.  When your body does this, alcohol will go back through your esophagus back into your mouth.  Not surprisingly, most people who end up at the police station waiting around to take a Datamaster test probably have had a few alcoholic beverages and some food.  Because of this, there is a strong likelihood that they will burp up mouth alcohol.

WATCH THE BOOKING VIDEO

A big clue as to whether you had mouth alcohol present is to watch the booking video.  Normally when I watch the video, the first thing that I notice is that the officer is not watching the drunk driver suspect, which is what they are required to do.  Of course, as the videos play out, they usually contain all kinds of footage of the falsely accused drunk driver spitting, sticking their fingers in their mouth, belching, or vomiting.  If this is present, a motion must be filed to suppress.

MOUTH ALCOHOL AT TRIAL

Even if the motions to suppress the Datamaster result are denied, that doesn’t mean you can’t hammer the cops at the trial regarding the possibility of mouth alcohol.  As a certified Datamaster operator, the officer should have been taught why they are supposed to observe the suspect for 15 minutes prior to administering the Datamaster test.  Once you get that out in the open, then you hammer the officer about how your spitting or coughing certainly could have resulted in alcohol getting into your mouth