According to the CDC… Every day 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. This is one death every 50 minutes.1 The annual cost of alcohol-related crashes totals more than $44 billion.2
How big is the problem?
In 2016, 10,497 people died in alcohol-impaired driving crashes, accounting for 28% of all traffic-related deaths in the United States.1
Of the 1,233 traffic deaths among children ages 0 to 14 years in 2016, 214 (17%) involved an alcohol-impaired driver.1
In 2016, more than 1 million drivers were arrested for driving under the influence of alcohol or narcotics.3 That’s one percent of the 111 million self-reported episodes of alcohol-impaired driving among U.S. adults each year (figure below).
Drugs other than alcohol (legal and illegal) are involved in about 16% of motor vehicle crashes.4
Marijuana use is increasing and 13% of nighttime, weekend drivers have marijuana in their system.5
Marijuana users were about 25% more likely to be involved in a crash than drivers with no evidence of marijuana use, however other factors–such as age and gender–may account for the increased crash risk among marijuana users.4
Have You Been Arrested?
For DUI, OWI or Drugged Driving?
Michigan Law provides police with a wide range of powers during roadside stops. Komorn Law has the experience, knowledge, and skill to balance those powers and preserve your rights in the courtroom.
Our firm aggressively defends all aspects of traffic law, from simple civil infractions to more serious alcohol and drug-related offenses. We diligently investigate all aspects of the incident from the initial stop through the arrest in order to most effectively defend your case
Retaining a lawyer as soon as possible can make or break your case.
Marijuana laws in Michigan are constantly changing.
Michael Komorn is the experienced lead and trial attorney who provides one of the best chances for a positive case outcome.
For over 25 years, the Law Office of Michael Komorn has provided outstanding, results-focused legal counsel for clients in all areas of criminal defense – in state and federal courts – including medical marijuana patients, caregivers, processors, Adult Recreational Use, Cannabis Business and Licensing.
We are long time advocates of our clients’ rights.
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Retaining a lawyer as soon as possible can make or break your case.
At all levels of blood alcohol concentration (BAC), the risk of being involved in a crash is greater for young people than for older people.6
Among drivers with BAC levels of 0.08% or higher involved in fatal crashes in 2016, nearly three in 10 were between 25 and 34 years of age (27%). The next two largest groups were ages 21 to 24 (26%) and 35 to 44 (22%).1
Motorcyclists:
Among motorcyclists killed in fatal crashes in 2016, 25% had BACs of 0.08% or greater.1
Motorcyclists ages 35-39 have the highest percentage of deaths with BACs of 0.08% or greater (38% in 2016).7
Drivers with prior driving while impaired (DWI) convictions:
Drivers with a BAC of 0.08% or higher involved in fatal crashes were 4.5 times more likely to have a prior conviction for DWI than were drivers with no alcohol in their system. (9% and 2%, respectively).1
What are the effects of blood alcohol concentration (BAC)?
Information in this table shows the blood alcohol concentration (BAC) level at which the effect usually is first observed.
Blood Alcohol Concentration (BAC)*
Typical Effects
Predictable Effects on Driving
.02% About 2 alcoholic drinks**
Some loss of judgmentRelaxationSlight body warmthAltered mood
Decline in visual functions (rapid tracking of a moving target)Decline in ability to perform two tasks at the same time (divided attention)
.05% About 3 alcoholic drinks**
Exaggerated behaviorMay have loss of small-muscle control (e.g., focusing your eyes)Impaired judgmentUsually good feelingLowered alertnessRelease of inhibition
Reduced coordinationReduced ability to track moving objectsDifficulty steeringReduced response to emergency driving situations
.08% About 4 alcoholic drinks**
Muscle coordination becomes poor (e.g., balance, speech, vision, reaction time, and hearing)Harder to detect dangerJudgment, self-control, reasoning, and memory are impaired
ConcentrationShort-term memory lossSpeed controlReduced information processing capability (e.g., signal detection, visual search)Impaired perception
.10% About 5 alcoholic drinks**
Clear deterioration of reaction time and controlSlurred speech, poor coordination, and slowed thinking
Reduced ability to maintain lane position and brake appropriately
.15% About 7 alcoholic drinks**
Far less muscle control than normalVomiting may occur (unless this level is reached slowly or a person has developed a tolerance for alcohol)Major loss of balance
Substantial impairment in vehicle control, attention to driving task, and in necessary visual and auditory information processing
*Blood Alcohol Concentration Measurement
The number of drinks listed represents the approximate amount of alcohol that a 160-pound man would need to drink in one hour to reach the listed BAC in each category.
**A Standard Drink Size in the United States
A standard drink is equal to 14.0 grams (0.6 ounces) of pure alcohol. Generally, this amount of pure alcohol is found in
12-ounces of beer (5% alcohol content)
8-ounces of malt liquor (7% alcohol content)
5-ounces of wine (12% alcohol content)
1.5-ounces or a “shot” of 80-proof (40% alcohol content) distilled spirits or liquor (e.g., gin, rum, vodka, whiskey)
Blincoe LJ, Miller TR, Zaloshnja E, Lawrence BA. National Highway Traffic Safety Administration. The economic and societal impact of motor vehicle crashes, 2010. (Revised). U.S. Department of Transportation, Washington, DC; 2015. Available at: http://www-nrd.nhtsa.dot.gov/pubs/812013.pdfCdc-pdfExternal. Accessed 16 April 2018.
Zador PL, Krawchuk SA, Voas RB. Alcohol-related relative risk of driver fatalities and driver involvement in fatal crashes in relation to driver age and gender: an update using 1996 data. Journal of Studies on Alcohol 2000; 61:387-395.
Gielen AC, Sleet DA, DiClemente RJ. Modifying alcohol use to reduce motor vehicle injury. Injury and violence prevention: behavior science theories, methods, and applications. San Francisco, CA: Jossey-Bass, 2006 pp 534. ISBN 978- 7879-7764-1
Holder HD, Gruenewald PJ, Ponicki WR, et al. Effect of community-based interventions on high-risk drinking and alcohol-related injuries. JAMA 2000;284:2341-7.
Shults RA, Elder RW, Nichols J, et al. Effectiveness of multicomponent programs with community mobilization for reducing alcohol-impaired driving. American Journal of Preventative Medicine, 009;37(4):360-371.
Higgins-Biddle J, Dilonardo J. National Highway Traffic Safety Administration. Alcohol and highway safety: screening and brief intervention for alcohol problems as a community approach to improving traffic safety. U.S. Department of Transportation, Washington, DC; 2013 DOT HS 811 836.
The Michigan AG filed charges against two technicians contracted to service all the DataMaster DMT breath alcohol testing instruments for the Lower Peninsula
One device is at the Beverly Hills Police Department in Oakland County, the other at the Alpena County Sheriff’s Office.
Michigan State Police’s Breath Alcohol Program says it found problems when conducting a routine review of records early on Jan. 2, Nessel’s statement said. They issued a stop order on the Intoximeters contract on Jan. 7.
“Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians” Nessel’s statement said.
If you feel like your datamaster breathalyzer test was done on a faulty machine or was false and would like to hire an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call Our Office 248-357-2550 or visit KomornLaw.com
Michigan AG News Release
May 22, 2020
LANSING – Michigan Attorney General Dana Nessel on Thursday filed charges against two technicians contracted to service all the DataMaster DMT (DataMaster Transportable) breath alcohol testing instruments for the Lower Peninsula. The DataMaster DMT (often referred to as a breathalyzer) is the evidentiary instrument used by law enforcement across Michigan to measure the alcohol level of motor vehicle drivers suspected of being under the influence of alcohol.
The Michigan State Police (MSP) entered into a contract with Intoximeters Inc. that began Sept. 1, 2018 to provide ongoing maintenance and repairs, as well as 120-day on-site inspections on each of the 203 DataMaster DMTs in the state. Each technician was required to physically visit each site to conduct various diagnostic verifications, calibrations and repairs.
Discrepancies in some submitted diagnostic reports came to light during a routine technical review by MSP’s Breath Alcohol Program on Jan. 2, 2020. Specifically, it is alleged that two of Intoximeters Inc.’s three technicians — Andrew Clark and David John — created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance—one incident involved the DataMaster DMT instrument located at the Beverly Hills Police Department and the other incident involved the DataMaster DMT instrument located at the Alpena County Sheriff’s Office.
Upon discovery of this issue, the MSP temporarily removed all instruments from service and launched an investigation, notifying both its criminal justice partners and the public of its discovery. The MSP promptly began working with the Attorney General’s Public Integrity Unit, continuing to demonstrate a steadfast belief that public trust and accountability are essential in government. The combined efforts of the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit have culminated in the charges announced today.
Following a four-month investigation led by the Attorney General’s Public Integrity Unit and the MSP, a total of nine felony charges were filed against David John, age 59, of Kalamazoo, and a total of six felony charges were filed against Andrew Clark, 53, of Oxford. Specific charges are as follows:
Andrew Clark, charged in Eaton County:
Two counts, forgery of a public record, a 14-year felony charge;
Two counts, uttering and publishing, a 14-year felony charge; and
Two counts, use of a computer to commit a crime, a 10-year felony charge.
David John, charged in Kalamazoo County:
Three counts, forgery of a public record, a 14-year felony charge;
Three counts, uttering and publishing, a 14-year felony charge; and
Three counts, use of a computer to commit a crime, a 10-year felony charge.
“Those who hold positions of trust and responsibility at any level within our overall system of justice must be held to a high standard. When that trust is betrayed, it is incumbent upon my department to ensure accountability on behalf of the people of our state.” Nessel said. “I’m grateful for the Michigan State Police’s assistance in this investigation, and I know that the MSP and my Public Integrity Unit have handled this matter appropriately and in the public’s best interest.”
“From the time we first uncovered discrepancies, the MSP was committed to conducting a complete and thorough investigation, and to being as transparent as possible regarding the outcomes of this situation,” stated Col. Joe Gasper, director of the MSP. “We recognize the critical role these instruments can play in drunk driving convictions and we are confident that a properly calibrated and maintained DataMaster remains an extremely reliable instrument.”
Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since Jan. 10, 2020, and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020.
Clark has been arraigned in the Eaton County District Court and was given a personal recognizance bond. He is scheduled for a probable cause conference at 4 p.m. June 1.
John will be arraigned at a later date due to reduced court operations related to COVID-19.
Note: A criminal charge is just an allegation and that the defendant is presumed innocent unless and until proven guilty. At least that’s what it’s supposed to be.
Here’s a list of news articles related to Michigan State Police datamaster investigation into inaccurate settings by a contractor which may have lead to false readings for DUI checks.
If you are looking for an attorney that will fight for you. You found him. Michael Komorn – provides DUI, drugged driving and criminal defense passionately an aggressively. Call The Office 248-357-2550 or visit KomornLaw.com
MSP Update on State’s Evidential Breath Alcohol Testing Program
This morning Michigan State Police (MSP) Director Col. Joe Gasper provided testimony before the state’s Judiciary and Public Safety Committee on the findings to-date of the department’s investigation into issues with the state’s Datamaster DMT evidential breath alcohol testing instruments.
As of 7 a.m., discrepancies have been identified involving eight instruments at the following locations:
Instrument Location
Period of Timein Question
Number ofBreath Tests
Possible Criminal Act
Alpena County Sheriff’s Department
11/14/19 – 1/9/20
8
Yes
Beverly Hills Police Department
1/22/19 – 6/21/19
9
Yes
Detroit Detention Center
10/10/19 – 10/13/19
6
No
Montcalm County Sheriff’s Department
8/23/19 – 8/26/19
1
No
Niles Law Enforcement Center
1/15/19 – 2/18/19
7
No
Pittsfield Township Police Department
12/20/18 – 8/7/19
5
Yes
Tecumseh Police Department
2/15/19 – 6/28/19
12
Yes
Van Buren County Sheriff’s Department
11/21/19 – 12/9/19
4
No
As irregularities are identified, notification is made to the affected prosecutor regarding impacted breath tests. Prosecutors will review each case on a case-by-case basis to determine what actions to take.
On Jan. 13, 2020, the MSP took all 203 Datamaster DMT evidential breath alcohol testing instruments in the state out of service until they could be inspected and verified by MSP personnel. As of 7 a.m. this morning, 37 of 203 instruments have been returned to service following verification by MSP personnel that the instruments are properly calibrated.
MSP personnel are re-certifying the most frequently used instruments and those in areas with limited access to obtaining blood samples first, with hopes of returning all instruments to service by the end of February.
A criminal investigation by MSP into potential fraud committed by contract employees of Datamaster vendor, Intoximeters, is ongoing.
The below timeline of events was also shared with the committee today.
Timeline of Events:
September 1, 2018 – Effective date of three-year maintenance contract with Intoximeters Inc.
Contract is $1.26 million; requires vendor’s three technicians to conduct 120-day certifications of all instruments, perform service calls and routine maintenance, and provide court testimony on the service and maintenance of the instruments.
The technicians whose work is in question were hired in September and November of 2018.
January 2019 – With the intent to bring the state’s evidentiary breath alcohol testing program into alignment with forensic laboratory standards and work toward national accreditation, the MSP created a new position, Breath Alcohol Technical Leader, within the Forensic Science Division. The accreditation process was expected to take at least 18 months.
April 2019 – MSP put additional workflow requirements in place with the vendor to ensure compliance with state law and administrative rules and move toward accreditation. It was after these additional controls were put in place that the MSP began to notice noncompliance by the vendor’s technicians.
August 9, 2019 – After identifying repeated failures by the technicians to meet contractual requirements and the inability to perform the mandated tasks of maintaining and certifying the Datamaster instruments, the MSP asked DTMB Central Procurement to issue a letter to Intoximeters outlining grounds for breach of contract and requesting a corrective action plan.
Examples of improper actions include:
Not performing timely 120-day certifications in 60 instances.
Incorrect recording of important elements during instrument checks; these include dry gas lot numbers and expiration dates, which can create issues in court when the lot numbers recorded by the technicians are wrong, or do not exist.
Sharing instrument passwords with jail staff.
August 21, 2019 – MSP received a corrective action plan from Intoximeters that outlined their action plan to correct the contractual failures.
August 23, 2019 – An Intoximeters technician committed a serious error that resulted in the dismissal of an OWI case in Montcalm County.
On August 23, 2019, the technician went to the Montcalm County Jail and signed the Datamaster Maintenance Log. The technician did not notify the MSP nor Intoximeters of this visit and did not submit any paperwork regarding the reason for his visit. Later that day, an MSP sergeant arrested an individual for OWI and utilized that instrument for evidential testing. MSP was first made aware of this technician’s August 23rd visit by the Montcalm County Prosecutor’s Office on November 15, 2019. The technician and Intoximeters were both unable to explain this visit, casting doubt on the reliability of any tests conducted on August 23, 2019 through August 26, 2019 when an accuracy check was performed by the technician. This lack of documentation resulted in the dismissal of this OWI case.
October 10, 2019 – Another serious error occurred that resulted in the dismissal of evidence in six cases in Wayne County.
On this date, a technician arrived at the Detroit Detention Center to perform a 120-day certification. The instrument failed testing, but the technician did not notice the failure. Consequently, he left the instrument in service until October 13, 2019. During this 3-day period, the instrument was used for six OWI evidential breath tests. Because the instrument was not properly serviced and was left in service, these six cases did not have reliable breath evidence. The MSP sent a notice to the Wayne County Prosecutor’s Office, which decided to dismiss the evidence in these cases.
Following discovery of this error, MSP requested removal of the technician responsible, with removal and replacement to occur no later than January 15, 2020. This never occurred due to the MSP actions taken on January 7 to issue the stop work order.
December 2019 – MSP began the process of establishing a unit within the Forensic Science Division to oversee the state’s breath alcohol testing program. The unit will be comprised of three equipment technician positions to maintain and certify the state’s breath alcohol testing equipment.
January 2, 2020 – During a routine audit of documents submitted by the vendor for the prior two-week period, an irregularity is noticed on an instrument at the Alpena County Sheriff’s Department. The MSP immediately requested the original documents from the technician.
January 6, 2020 – MSP confirmed the irregularity was the result of the technician fabricating the paperwork for a required test that was not performed on the instrument.
A criminal investigation is opened by the MSP into possible forgery of a public document. This investigation is ongoing.
January 7, 2020 – With potential criminal acts committed by an Intoximeters technician, the MSP issues a stop work order with the vendor and secures all equipment and paperwork from the three technicians.
January 10, 2020 – MSP finalizes an emergency plan to immediately bring all maintenance responsibilities for the state’s 203 instruments in-house, and notification is made to police and prosecutors of the stop work order and MSP’s new responsibilities.
January 13, 2020- MSP personnel continued through the weekend to review records from the technicians yielding additional discrepancies involving a second technician and three more impacted instruments (Beverly Hills PD, Pittsfield Township PD, and Tecumseh PD), in which it is suspected that instrument calibration tests were again fabricated.
With this new information, MSP removes all 203 Datamaster DMT evidential breath alcohol testing instruments from service until they can be inspected and verified by MSP personnel to ensure they are properly calibrated.
MSP recommends to police agencies that they utilize blood draws rather than
Last November the Michigan State Police wrapped up a year long pilot program in five Michigan counties to test the accuracy of a roadside drug test.
In December lawmakers agreed to fund an expansion of the program based on its success.
A fatal crash in the Upper Peninsula city of Gladstone in 2013 was the catalyst behind the drug testing pilot. A semi-truck driver was convicted on six-felony charges in connection with the crash, including two counts of operating a motor vehicle with the presence of a controlled substance causing death.
According to MSP the number of drug-impaired fatal crashes has increased over the ten year period between 2007 and 2017 by 151%, up from 98 to 246.
When his parents were killed in 2016, the couple’s son contacted his legislator who got the ball rolling on legislation to curb drugged driving.
Senator Thomas Casperson introduced a pair of bills to combat the problem and come up with a solution to roadside testing. Public Act 242 and 243 of 2016 became known as the Barbara J. and Thomas J. Swift Law, and police started looking at test instruments.
Members of MSP, prosecuting attorneys, toxicologists and forensic experts got together, forming the Oral Fluid Roadside Analysis Pilot Program Committee.
Their report was recently released along with the recommendation to expand the pilot state-wide for at least a year.
The oral fluid roadside test is the Alere DDS2, which detects six different drugs, including a component of cannabis known as Delta 9 THC. It also tests for the presence of amphetamine, cocaine, methamphetamine, opiates and benzodiazepines.
Program director, F/Lt. Jim Flegel said an independent laboratory as well as the MSP Forensic Lab tested the results, and across the board they proved accurate.
In all 92 people were tested and 89 were arrested. According to the report 83 people tested positive for substances; and over 80% of those who tested positive for cannabis.
As a result of the five-county pilot, MSP plans to continue working on the accuracy of the equipment, which it hopes will support permanent changes to the Motor Vehicle Code.
MSP is also training more officers across the state as Drug Recognition Experts (DRE) who can spot impaired drivers and test them at the roadside.
A date to start the yearlong pilot program has not been set, but is expected to be sometime within 2019.
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