As a law firm, one of the most common questions we receive from our clients is: Do I have to blow if I get pulled over for a DUI? It’s an important question to consider. Let’s explore it in more detail below!
Refusing an Initial Field Test
If a police officer pulls you over in the state of Michigan, they first need a reason to suspect that you have broken the law. Once they determine that they believe you’re intoxicated, they will conduct a field sobriety test before requesting a breathalyzer test.
You can refuse to take a breathalyzer test if you want to, but this will most likely result in your arrest for a DUI.
Refusing a Sample After Initial Request
Once you’re arrested for a DUI and taken to the police station for further testing, things get a bit more serious. If you refuse to take a breath test at this stage, you will suffer automatic consequences. While these consequences may not be as severe as a DUI on your record, their severity is worth considering.
The first time you refuse a sample, you will lose your license for a year and have six points added to your current license. This punishment continues to increase if you have been brought in and you have refused multiple times.
The Law May Change
It’s essential to keep in mind that the law may change. In recent years, there have been efforts to update the law to ensure that people were not able to refuse a breath test. How this would be implemented is not entirely clear.
Regardless, these efforts have been prevented for now, but it doesn’t mean that there won’t be an adjustment in the Michigan breath test law sometime soon.
What Can You Do After Being Punished for a Refusal?
If you’ve been punished for refusing to take a breath test, you have a few options to try and have your punishment reduced or removed. First, the police officer has to have reasonable cause to conduct a field sobriety test. If you can prove they didn’t, then you may be able to have the charges dropped.
Also, if you weren’t informed of your rights at the time of your arrest, you may be able to have the charges dropped.
Talk to a Specialist DUI Attorney
If you’d like more information, or you want to ask an attorney about a current case, make sure to speak to one of our specialist DUI attorneys. We work with clients around the state to help them fight cases in court.
If you want to work with a law firm that has considerable experience in the area of DUI law, make sure to call O’Keefe Law today!