Mike Brandt recently represented a client who was charged with DWI where the client tested nearly two times over the legal limit on the Datamaster test. In investigating the case and evaluating the evidence, Mike discovered that his client burped two times shortly before taking the test. Because of his familiarity with the requirements of a scientifically sound Datamaster test, Mike pointed out to the prosecutor that burping before a test can contaminate the test and the manufacturer of the breath testing machine recommends that a new observation period should start when a driver burps during the observation period.
Because of this issue, the prosecutor agreed that they might have a problem with the test. Because of this, the state agreed to amend the charge down to Careless Driving—a non-alcohol related offense.