Refusing a Breathalyzer and Your License
If a traffic stop resulted in a drinking and driving investigation there is a good chance the officer asked you to submit to a chemical test.
If you were arrested for DUI and refused the breath test your driver license will be suspended for a year.
Driver license lawyer, Aaron J. Boria, has restored driving privileges to countless people who have had their license suspended for refusing to blow.
Call driver license lawyer, Aaron J. Boria today (734) 453-7806.
What happens if I refuse to blow?
Usually two tests are administered, the first test is referred to as a Preliminary Breath Test or PBT, and the second test is a breath test at the police station.
The first test, the PBT, is a test used to gather enough evidence to arrest you for DUI.
The second test, the chemical test, can come in the form of either a blood, breath, or urine test, and is used to convict you of DUI. Between the two tests the chemical test holds greater weight in terms of evidence of guilt.
Refusing the chemical test after you are under arrest for DUI will result in the suspension of your driver license.
Refusing a PBT or Preliminary Breath Test
The preliminary breath test is usually administered after the officer has ordered you out of the car and had you preform field sobriety tests. Some officers will try to jump the gun and ask you to blow in it without field sobriety tests.
If you refuse to take a preliminary breath test Michigan law says you committed a civil infraction punishable by a fine. The preliminary breath test refusal civil infraction is basically an expensive parking ticket. It does now show up on your record and it is not any points.
It is probably in your best interest to refuse the preliminary breath test.
Refusing the Breathalyzer after Arrest
If the officer places you under arrest for drinking and driving it is likely that he will take you to the police station to submit to another breath test. This test is done on a device called a Data Master. It is less likely, but possible the officer will take you for a blood draw (unless the officer suspects you are on drugs).
If the officer has arrested you for suspicion of drinking and driving and you refuse the chemical test than you are deemed to have violated Michigan’s Implied Consent law. A violation of Michigan’s Implied Consent law leads to the suspension of all driving privileges for a full year and 6 points added to your driving record.
Getting your license after refusing a breath test.
There is a way to challenge the recusal of the chemical test. For example, if you properly refused the test or the officer didn’t explain your rights to you then your refusal is acceptable.
If the officer improperly suspended your license and you challenge it the secretary of state will reinstate your driving privileges.
Hardship Driver License Appeal
Even if you improperly refused the chemical test there is still hope! We regularly file petitions to the circuit court for driving privileges so that people can get to work, school, the doctors, and court.
It is possible that you may qualify for a hardship appeal. A circuit court judge can overturn the officer and the secretary of state and force them to give you restricted driving privileges.
If you’re facing criminal charges or the loss of your license contact Michigan criminal lawyer, Aaron J. Boria. To date, we have won every hardship case we have ever taken on. Call (734) 453-7806 for a free consultation.