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Michigan State Police investigating 'potential fraud' committed by breathalyzer supplier

January 15, 2020
<p>Michigan State Police Col. Joseph Gasper speaks during a press conference on Feb. 21, 2019 at the G. Mennen Williams Building in Lansing.</p>

Michigan State Police Col. Joseph Gasper speaks during a press conference on Feb. 21, 2019 at the G. Mennen Williams Building in Lansing.

Photo by Anntaninna Biondo | The State News

Michigan State Police has suspended the use of all 203 Datamaster DMT, or Datamaster transportable, evidential breath alcohol testing instruments after opening an investigation into potential fraud committed by contract employees of the Datamaster vendor, Intoximeters, according to a statement issued by Michigan State Police, or MSP, Col. Joseph Gasper on Jan. 13.

The investigation into the discrepancies regarding the servicing of the Datamaster DMT devices do not directly impact the results of evidential breath tests, though the appearance of possible falsified certification records is still concerning, according to the statement.

MSP has notified all prosecutors and police departments in the state regarding the suspension of Datamaster DMT instruments, according to the statement. County prosecutors in the areas with possible discrepancies will determine the potential impact on drunk driving cases.

The Datamaster DMT evidential breath alcohol testing instrument is not to be confused with the preliminary breath test, or PBT, which is the initial handheld, roadside instrument used by a police officer, according to Manager of the MSP Public Affairs Section, Shanon Banner. The Datamaster instrument is used after the PBT determines if there is reasonable belief that a driver is impaired. However, the PBT cannot be introduced in court as evidence of impaired driving. The Datamaster DMT instrument is the tool used at a police facility that is also a breathalyzer, but can be used as evidence in court.

Intoximeters, the vendor of the Datamaster DMT devices, employs three contract employees who were responsible for servicing all 203 devices in the state, according to the statement. The records completed during servicing are those that are in question.

As of the statement released on Jan. 13, MSP believes the performance issues in question affect two of the three contract employees, according to the statement. Both of the contract employees were hired in 2018.

As of Jan. 10, certified MSP personnel have taken over the servicing of the devices in question to ensure that they are calibrated and certified according to the standards of state law and of the industry, according to the statement.

"In taking the Datamaster evidential breath testing instruments out of service, we are recommending to police agencies to utilize blood draws rather than the breath tests," Banner said. "In Michigan, under the state's implied consent law, a police officer can request either blood, breath or urine and so in this case, rather than doing the breath test we're suggesting that they request either blood or urine."

In the early stages of this investigation, MSP has yet to determine how many certification records of the Datamaster DMT devices were falsified or how long these practices were occurring, according to the statement.

In August of 2019, MSP contacted Intoximeters outlining a breach in contract and requested a corrective action plan, according to the statement. Within the same month, Intoximeters responded with the requested corrective action plan. When issues regarding certification continued shortly thereafter, MSP contacted Intoximeters again and began working with the vendor to remedy the incident.

"To be clear, a properly calibrated and maintained Datamaster DMT is an extremely reliable instrument, which is why issuing the stop order, placing the instruments temporarily out-of-service and assuming responsibility for maintaining all Datamasters in the state, is an extreme move that places a burden on all of the state’s law enforcement resources, but it is an absolutely necessary move to safeguard the integrity of the criminal justice process," the MSP statement by Col. Joseph Gasper said. "Upon learning of additional and more egregious discrepancies, I am no longer comfortable having police agencies using these instruments until we can be confident they are certified, calibrated and serviced according to state law and industry standard."

MSP is still in the process of reviewing vendor records for potential discrepancies involving Datamaster instruments. Possible discrepancies have been identified at Alpena County Sheriff’s Department, Beverly Hills Police Department, Detroit Detention Center, Montcalm County Sheriff’s Department, Niles Police Department, Pittsfield Township Police Department, Tecumseh Police Department and Van Buren County Sheriff’s Department, according to the statement.

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