Eaton County jury convicts defendant in breathalyzer fraud case

Former Michigan State Police breathalyzer technician sentenced for falsifying records

CHARLOTTE – A man charged with forgery in connection with his job servicing alcohol breath-testing equipment for the state was convicted on six felony counts Thursday in Eaton County Circuit Court.

A jury deliberated about four hours before finding Andrew Clark guilty on two counts each of forgery of a public document, uttering and publishing and using a computer to commit a crime, the state Attorney General's Office said.

The most serious charges carry a maximum sentence of up to 14 years in prison.

Clark was among two technicians charged in 2020 with falsifying service records for diagnostics testing on DataMaster DMT instruments, also known as breathalyzers. Their company, Intoximeters, was contracted to test the machines to make sure they gave accurate readings.

The other tech, David John, pleaded guilty as charged and was sentenced to three years' probation, including nine months in jail, in Kalamazoo County.

"The crimes perpetrated in this case compromised the public's faith and confidence in the criminal justice system,” Attorney General Dana Nessel said in a news release.

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In 2020, authorities said a technical review turned up discrepancies in several diagnostics reports involving DataMaster devices, which measure alcohol levels of drivers suspected of being under the influence.

All of the machines were taken out of service until they could be inspected, and the state ended its contract with Intoximeters in April 2020.

Michigan State Police said they found problems with maintenance as early as late 2019. Errors led to the dismissal of some impaired driving cases.

Clark's trial began Monday, Nessel's office said. Sentencing was set for June 23.

Contact Ken Palmer at kpalmer@lsj.com. Follow him on Twitter @KBPalm_lsj.

This article originally appeared on Lansing State Journal: Eaton County jury convicts defendant in breathalyzer fraud case