The investigation began when a routine technical review by Michigan State Police discovered discrepancies in diagnostic reports of two employees of Intoximeter Inc., the vendor responsible for ongoing maintenance and repairs of the equipment, including diagnostic verifications, calibrations and repairs, reports said.

Two of Intoximeter's employees, Andrew Clark and David John, were suspected of creating fake documents showing they completed diagnostic tests and repairs on two DataMaster instruments, one at the Beverly Hills Police Department and the other at the Alpena County Sheriff’s Office, reports said.

The MSP then removed all instruments from service and initiated an investigation. Following a four month investigation by the MSP Breath Alcohol Program, MSP Fraud Investigation Section and the Attorney General’s Public Integrity Unit, 9 felony charges were filed against David John, 59, and six charges were filed against Andrew Clark, 53.

Clark was charged in Eaton County with two counts of forgery of a public record, two counts of uttering and publishing and two counts of use of a computer to commit a crime.

John was charged in Kalamazoo County with three counts of forgery of a public record, three counts of uttering and publishing, and three counts of use of a computer to commit a crime.

“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. “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,” stated 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.”

Certified MSP staff have been performing the ongoing maintenance, repairs and 120-day inspections for all DataMaster instruments since Jan. 10, 2020, and will continue to do so. The State of Michigan’s contract with Intoximeter’s Inc. was officially terminated effective April 9, 2020.