Can I refuse a breath test?

On Behalf of | Apr 1, 2015 | Drunk Driving

You can, but you will be punished for doing so. By obtaining a Michigan driver’s license, motorists give implied consent to submit to breath tests when pulled over on suspicion of drunk driving. Therefore, a breath test refusal will automatically result in a one year license suspension and six points being added to your license. Subsequent refusals can result in lengthier suspensions. If you refuse to take the test, then your license will be confiscated and destroyed, and then you will be given a paper permit for use until your matter is settled by a court of law.

It is worth noting that you can appeal your refusal to take a breath test. To do so, you must submit proper documentation requesting a hearing, and you must do so within two weeks of the incident. Your case may then be heard in an administrative setting, and you may choose to be represented by an attorney during your appeal.

Michigan’s Implied Consent Law is very strict. Therefore, if you run up against it, then it is worth learning what you can do to protect yourself. A competent and experienced Michigan attorney can advise you of your rights and what steps may further your best interests and work toward protecting your future.

Drunk driving allegations are quite serious. Whether you refuse a breath test or you submit to one and fail, you could be facing jail, fines, and license revocation. However, the battle for your future is not over simply because you have been arrested or your license has been taken. In fact, that is only the beginning of the fight. So, though you can choose to refuse a breath test, you should be prepared to put forth an aggressive defense if you want to protect yourself from harsh penalties.

Source: Michigan Department of State, “Alcohol/Drug Offenses,” accessed on March 28, 2015



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