Legal Question in DUI Law in Michigan

On 07/7/10 at the Palisades Nuclear Power Plant in MI. I had a pre employment drug and alcohol test and receved a false / positive test for alcohol, after I received a positive on the breathalyzer at the work site (.022 / .024) I requested a blood test and I was denied so I drove to the hospital and had my own breathalyzer test performed and the result was .000, The test at the work site was performed around 10:00am and the hospital test was performed at 12:10pm.

Also I was not given the opportunity to see the breathalyzer displayed .000 prior to taking the test. The reason I mention this is that all other work sites I took this test at, they show you that the machine is reading .000 prior to administering the test. Also at all other sites they make you wash your hands prior to taking any drug or alcohol test, this site did not give me that opportunity.

I had not consumed any alcohol for 40+ hours prior to taking this test, I did not eat anything for 19 hours prior to the test, I did use Nyquil around 2am the night before, I did use Listerine mouth wash about 1 hour prior to the test and Listerine strips about 20 minutes prior to the test, and I used Germ-x hand sanitizer about 3 minutes before the test.

My wife was with me the entire day prior to this test and she knows I did not consume any alcohol prior to this test. I will loose my access for 1 year and this is a black mark on my record and I have a good record. This project was worth $50,000+ from July to November, however the money is not the whole issue, its my name and reputation at stake. So if you think you can help I need to throw everything at this (including the kitchen sink). Thanks for your time and I look forward to hearing from you.

ps. I live in PA and this took place in Covert MI.


Asked on 7/29/10, 7:42 pm

1 Answer from Attorneys

Zachary Kemp The Kemp Law Firm, P.L.L.C.

I may be able to help you with this. Coincidentally, I am a licensed attorney who practices in Michigan, but I happen to be visiting with my mother who lives near Reading, PA. Before responding I checked your zip code, and it looks like Hamburg is about half-way between where you are, and where I am. I was thinking if taking a trip up to Cabela's while I was in town, so if you'd like to meet in that area, I could discuss this matter further with you. My email address is [email protected], feel free to email me directly if this sounds good to you.

Zachary C. Kemp

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Answered on 8/03/10, 7:53 pm

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