If you are arrested for drunk driving in Michigan, you are required to take a chemical test – of your blood, breath or urine – to determine your bodily alcohol content (BAC). You can refuse to take the test. But if you refuse, your license will be immediately destroyed and you will be given a paper permit. You may drive on the paper permit until your criminal case is resolved in court. You can appeal this suspension. But you have a limited time – 14 days – to do so. All of this might seem harsh. But that is how Michigan’s Implied Consent Law works. Gain insight into the crucial things you need to know about DUI breath tests and receive personalized guidance tailored to your case. At Michigan Defense Law, our Michigan DUI lawyers are ready to help you navigate the complexities of DUI breath tests, including roadside breathalyzer tests. We are dedicated to protecting your rights and achieving the best possible outcome for your case. Call us today at (248) 451-2200 to schedule a free consultation. What You Need to Know About DUI Breath Tests in Michigan
What Happens When You Refuse a Breathalyzer?Refusing a roadside breathalyzer request from a police officer in Michigan is not considered a criminal offense. However, it is considered a civil offense, which incurs a fine of up to $150, along with associated court costs. Refusing the test does not carry any additional penalties or affect your driving record, meaning there will be no license suspension or points. The fine is comparable to that of a speeding ticket. It’s important to note that while the results of a preliminary breath test can be used as probable cause for a drunk driving arrest, they cannot be presented as evidence during trial. Upon being arrested for drunk driving in Michigan, it is required for you to undergo a chemical test to ascertain your blood alcohol concentration (BAC). The most common test administered is the Datamaster Breathalyzer, although an officer can choose to request a blood test instead. These additional tests are governed by the implied consent law, to which all licensed Michigan drivers agree when obtaining their licenses. Failure to comply with a chemical test is regarded as a violation of the implied consent law and entails administrative consequences. When a driver declines a chemical test, a report of refusal is submitted to the Michigan Secretary of State after charges are filed. The driver then has a 14-day period to contest the charge. Failing to respond within this timeframe results in an automatic addition of six points to the driver’s license and a one-year suspension. If a driver has previously refused a chemical test within the past seven years, a second refusal leads to an automatic two-year license suspension without the right to appeal. It is crucial to understand that the penalties and consequences can differ depending on the unique circumstances of your case and any previous convictions you may have. Consulting with a Michigan DUI lawyer who can provide personalized guidance based on the most up-to-date laws and regulations is crucial. Contact us and schedule a free consultation with Michigan Defense Law today. via Michigan Defense Law https://www.michigandefenselaw.com/blog/six-things-to-know-about-dui-breath-tests/
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About UsIf you or a loved one is facing criminal charges, it can be a traumatic and confusing time. That's why it's crucial to have a skilled and compassionate attorney by your side who will work tirelessly to protect your rights and defend your case. With Paul J. Tafelskj on your side, you can have peace of mind knowing that you have a tenacious advocate who will fight for you every step of the way. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Pearltrees Follow.it 500px Feedspot Shutterfly Skillshare Feedly Alltop Feeder Bloglovin Netvibes Mystrikingly Archives
January 2023
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