Refusing a breathalyzer in Michigan
Refused a breath test or blood draw? You could lose your license for the next year. Call Michigan’s premier criminal defense and license restoration lawyer, Aaron J. Boria (734) 453-7806.
Michigan’s Implied Consent Law
In Michigan, the law says that if you drive a vehicle on roads accessible by the public then you have already consented to a chemical tests if you are arrested for DUI. A chemical test means your blood, breath, or urine for the purpose of determining the amount of alcohol in your system or the presence of a controlled substance in your system. Implied Consent also applies to an offense that resulted in the death of another person involving you as a driver.
If you suffer with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician then you are not considered to have given consent to the withdrawal of blood and you have the legal right to deny a blood draw.
Refusing a Breathalyzer Penalties
Failure to comply with Michigan’s implied consent law will result in a one-year license suspension, 6 points on your driving record. A second offense in seven years will result in a two-year license suspension and 6 points on your driving record.
Even if your underlying case is dismissed or your are found not guilty the implied consent penalties will stay in effect, which is why it is important to contact an implied consent lawyer immediately.
Refusing a Breathalyzer Hearing
You have 14 days from the date of refusal to request a hearing with the Michigan Secretary of State Driver Assessment and Appeal Division to contest the refusal. If you fail to request a hearing within 14 days of the alleged refusal your license will be suspended.
Contact a Michigan Implied Consent lawyer immediately if you have been accused of refusing a breathalyzer under Michigan’s Implied Consent law.
If your 14 days have passed don’t worry, call us right away, there may still be a legal remedy for you to get your license back. Scroll down to read about circuit court implied consent appeals.
Refusing a Breathalyzer Defense
An Implied Consent Defense lawyer can defend a breathalyzer refusal.
1. If a police officer did not have reason to believe that you committed a drinking and driving offense, or a vehicular homicide offense you may have had reasonable grounds to refuse a breathalyzer.
2. If you were not under arrest than your implied consent refusal may have been justified.
3. If your implied consent refusal was reasonable than your action may be justified.
4. If you were not advised of your chemical test rights than your refusal of a breathalyzer may have been reasonable.
Circuit Court Implied Consent Appeals
If this breathalyzer refusal was your first implied consent refusal you may have an opportunity to appeal the driver license suspension to the circuit court.
The circuit court can grant you a restricted license and allow you to drive to work, school, court, medical treatment and other destinations allowed by law.
Take the first step to getting your license back and call Aaron J. Boria today for a free consultation (734) 453-7806.
