Implied Consent Refusal – Plymouth Lawyer
Michigan law says that if you operate a motor vehicle, on a public road, in the state of Michigan, then you have already consented to a chemical test if you are arrested for drinking and driving.
Refusing the implied consent test will result in the loss of your driver’s license for an entire year and 6 points being placed on your license.
There is hope! It is possible to win an Implied Consent refusal, and it is possible to appeal the decision as well. Call Plymouth DUI lawyer, Aaron J. Boria (734) 453-7806.
Refusing a Breath Test in Michigan
If you have been pulled over for suspicion of drinking and driving the police officer will administer a series of tests in order to gain enough probable cause evidence against you in order to arrest you. One of the tests the officer will either ask you to submit to, or order you to submit to is a preliminary breath test, or PBT.
Refusing the PBT is a non abstractable (wont show up on your record) civil infraction (not a crime) with a fine of $200.
If you have been arrested for drinking and driving then the officer will ask you to submit to a chemical test. The chemical test can come in the form of a urine, breath, or blood test. Refusing this test will result in the one-year license suspension on 6 license points.
It’s important to know the difference between the PBT and the Implied Consent test. The easiest way to know the difference is, are you under arrest? If you are under arrest and the officer is asking you to take a test you can bet that it’s the Implied Consent test. Additionally, the officer should read you your rights when asking you to submit to the Implied Consent test, so you will know which test the officer is referring to.
Plymouth DUI Lawyer
There are four ways to challenge in Implied Consent refusal:
- Whether the peace officer had reasonable grounds to believe that you committed a drinking and driving offense.
- Whether you were placed under arrest for a drinking and driving offense.
- If you refused to submit to a chemical test upon the request of the officer, whether the refusal was reasonable.
- Whether you were advised of your chemical test rights.
For more information about Michigan Implied Consent law click here.
Call Plymouth drinking and driving defense lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.