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Troy MI License Restoration Blog

Thursday, March 30, 2017

I'M NOT BLOWIN INTO THAT!!! LIFE AFTER A BREATH TEST REFUSAL

If you have been unfortunate enough to be in a situation where a police officer is asking you to blow into a device after he/she has observed your driving, there are a number of scenarios that can play out.

Clearly in this situation something has alerted the police to the fact that your driving might be impaired by drugs or alcohol. Of course the first thing they will do upon making contact with you is observe your demeanor, mannerisms, eyes, breath and speech.

And, as is contained in nearly every drunk driving police report I've read in over twenty five years of practice, the officers observations will go something like this, "Upon contact with .... I could smell a strong odor of intoxicants emanating from the vehicle, the drivers eyes were watery and bloodshot....". After you are removed from the vehicle, the officers by this time are smelling blood.

They will first put you through "field tests" to determine "impairment". These tests are difficult to perform (even when sober), to say the least, and most often lead to the next level of investigation to determine impairment degrees.This would be the initial "breath test" and you will have the opportunity to comply or refuse this test.

This first tests is referred to as the "PBT" or Preliminary Breath Test. This test is administered roadside during the first phase of a drunk driving stop after the officer has approached your vehicle and questioned you along with making the above noted observations. A refusal of this test will not have as far reaching ramifications as a refusal of the second breath test has. A refusal of this test does not result in any license actions by the State.

 At this stage, any reading at or above the "impaired" level of .07 will win the individual a ride to the station. And the fun continues.

If the "PBT" test results on the other hand read 0.00 but the officer has made observations of impairment, this situation may lead to a request for a warrant to draw blood to determine "impairment" due to being under the influence of drugs. In this situation there will be no second "blow" request made by the police at the police station. You will be taken directly to a lab for a sample of your blood to be taken; that is of course assuming the judge signs the warrant he is presented for the blood draw request (Which they almost always do.). 

But assuming that we are talking about the "garden variety" situation where you have gotten to the "PBT" test stage and there is a refusal, the officers at this point will take you to the police station and book you into their system and at some point in time will start a "fifteen minute observation period". Upon completion of this time frame, the observing officer will request that you submit to another test referred to the BAC (breath alcohol content).

If this test is refused the individual will face much stiffer consequences.

This refusal will result in Secretary of State sanctions separate, and in addition to, any punishment doled out by the Courts. When the Secretary of State is notified of a refusal, the driver will be sanctioned by having his/her license suspended for ONE YEAR.

The State does not like refusals of this test and the sanctions are evidence thereof. After all, the BAC test results is the "official" test results allowed to be admitted as evidence of your blood alcohol level.

Of course, if you find yourself in this situation the Law Office of Martin Lievois evaluates/investigates all facets of the stop, the police report and the clients version of the incident along with interviewing any potential witnesses who might be helpful. By doing the due diligence our client's right's are protected and the best defense is afforded them. 

For more information visit our website at: http://michiganlicenserestorationlawyer.com/ 

For appointment  please call our Flint office at 810-232-3223 or in Troy at 248-498-2525.




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| Phone: 810-232-3223
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| Phone: 248-498-2525

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