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Two technicians charged with falsifying Michigan breathalyzer records

After a 4 month investigation, two men are facing felony charges for forging breathalyzer service records.
Policeman holding a breathalyzer, file photo.

LANSING, Mich. — Michigan Attorney General Dana Nessel announced Friday she filed charges against two technicians contracted to service the Datamaster DMT breath alcohol testing instruments for the Lower Peninsula. Allegedly, the technicians falsified service records and forcing all 203 devices out of services for performance related issues in January. 

Michigan State Police started a contract Intoximeters Inc. in 2018 to provide maintenance, repairs and inspections on the police's breathalyzers. Each technician was required to physically visit each site to conduct various diagnostic tests, calibrations and repairs, according to the attorney general's office. 

In January 2020, discrepancies in some of the submitted reports were discovered during routine technical review. Nessel's office said it is alleged that two of Intoximeters Inc.’s three technicians -- Andrew Clark and David John -- created fake documents to show they completed certain tests and repairs on two breathalyzers they were responsible for. 

After discovering the issue, MSP removed the breathalyzers from service and started investigating. 

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Four months later, led by the attorney general's Public Integrity Unit and MSP, a total of nine felony charges were filed against David John, 59, of Kalamazoo, including forgery of public records, knowingly publishing or selling forged documents and records, and using a computer to commit a crime. A total of six felony charges were filed against Andrew Clark, 53, of Oxford.

“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 in a press release. “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.”

Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all breathalyzers since Jan. 10, 2020, and will continue to do so, the attorney general's office said. 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 on June 1.

John will be arraigned at a later date due to reduced court operations related to COVID-19. 

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