Troy MI License Restoration Blog

Wednesday, February 25, 2015

Michigan's Implied Consent Law and Blood Alcohol Testing

What happens if I refuse testing for DUI?

If you are pulled over by law enforcement for suspicion of operating while intoxicated (OWI), you will likely be required to take a chemical test (breath or blood) to determine if your blood alcohol content (BAC) is above the legal limit. If you take a test, it may show you are not intoxicated; it may also show (accurately or not) that you are legally intoxicated, which may lead to criminal charges. Alternatively, you could refuse to take the test.

Under Michigan's implied consent law, someone driving on a public road is giving his or her implied consent to be tested for OWI (often referred to as DUI). If you are pulled over because a police officer believes you are intoxicated and asks you to take a chemical test and you refuse, there are penalties.

If you refuse a breath test, there will be a fine of $150, and the officer could use this refusal (with other evidence) as probable cause to arrest you for OWI. Once arrested, you should be told you can take additional tests and the results could be used against you at trial. If you make further refusals in police custody, your license will be revoked and you will be issued a temporary paper license. You will then be given a written notice indicating that you have 14 days to request a hearing to challenge the suspension.

The penalties for those refusing blood or urine tests start with a one year suspension of your license. This increases to two years if this is your second refusal or any subsequent refusal within the past seven years.

Just because you refuse to give consent to a chemical test does not mean you will not get one. The officer can get a court order that requires you to take a test.

If you or a loved one has been charged with OWI, you need an experienced defense attorney who can help protect your rights and prevent the suspension of your license. Call Martin T. Lievois today for a free phone consultation. In Troy, call (248)419-1566, and in Flint, call (810)250-4550.

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