Our client had just left Buffalo Wild Wings in East Lansing after watching the MSU / U of M football game. He had eaten and paced himself on the drinks.
While driving home he was pulled over for suspicion of drinking and driving while on Grand River Avenue toward Lansing.
The officer ordered him out of the car and asked him to perform field sobriety tests. At the end of the field sobriety tests he was asked to take a preliminary breath test – he refused, but was still arrested.
Implied Consent Law
He was also asked to submit to a chemical test once he was under arrest and again he refused.
He attended a hearing at the Michigan Secretary of State Driver Assessment and Appeal Division without a lawyer and lost. As a result his license was suspended for a year under the Michigan Implied Consent Law MCL 257.625f.
Michigan Driver License Lawyer
At this point our client made the right choice and hired Aaron J. Boria, PLLC, and we filed a hardship appeal to the Ingham County Circuit Court. Within a few weeks we had a court date and appeared in front of Judge Aquilina and was granted driving privileges based on the hardship of being unable to get to work, school, court, church, etc.
Refusing a breathalyzer
Remember that refusing the preliminary breath test is nothing more than a civil infraction with a relatively small fine. If you have been arrested for DUI and you refuse further chemical testing the penalty is what happened here, a one year driver license suspension, 6 points on your license, and $2,000.00 in driver responsibility fees. Before you decide to refuse a chemical test consult with your lawyer.
If you were arrested for drinking and driving and your license has been suspended for refusing a chemical test contact Michigan Driver License Lawyer Aaron J. Boria, PLLC today 734-453-7806.