AG: Two Charged In Case Of Falsified Breathalyzer Results In Michigan

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(WWJ) Two people have been charged with forgery and other crimes in an investigation of breathalyzers used in Michigan. 

The Michigan Attorney General's Office said Friday that two technicians who were contracted to service the machines created false documents to show they completed tests at the Beverly Hills Police Department and the Alpena County Sheriff's Office.

Earlier this year, all 203 machines were temporarily taken out of service until Michigan State Police could verify that each was properly calibrated; and State Police said investigators believe dozens of drunken driving cases were impacted. The DataMaster breath test is used to measure alcohol levels at county jails or police departments after a motorist is arrested.

Following a four-month investigation led by the AG’s Public Integrity Unit and MSP, nine felony charges were filed against 59-year-old David John of Kalamazoo, and six felony charges were filed against 53-year-old Andrew Clark of Oxford. 

Clark was charged in Eaton County with:

  • 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.

John was charged in Kalamazoo County with: 

  • 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.” Attorney General Dana Nessel said, in a statement. “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,” added 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.” 

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 on June 1. 

The AG's office said John will be arraigned at a later date due to reduced court operations related to COVID-19.