If you're ever pulled over for suspected drunk driving in Michigan, you'll be asked to take a breathalyzer or blood test to measure your blood alcohol concentration (BAC). Michigan has an implied consent law, which means that if you refuse to take the test, you could face serious consequences. Here's what you need to know about the implied consent process in Michigan:
What is Implied Consent?
Implied consent is a legal principle that applies to drivers who are suspected of driving under the influence of drugs or alcohol. By driving on Michigan roads, you are deemed to have given your consent to chemical testing to determine your BAC if you are lawfully arrested for drunk driving.
What Happens if You Refuse a Breathalyzer or Blood Test?
If you refuse to take a breathalyzer or blood test in Michigan, your driver's license will be suspended for one year for a first offense. For a second offense within seven years, your license will be suspended for two years. If you have three or more prior refusals, your license will be suspended for five years.
In addition to a license suspension, refusing a breathalyzer or blood test can also be used against you in court. The prosecutor may argue that your refusal is evidence of guilt and could potentially result in harsher penalties if you are convicted of drunk driving.
What if You Take the Test and Fail?
If you take a breathalyzer or blood test and your BAC is above the legal limit of .08%, you will be charged with drunk driving. The potential penalties for a first-time offense in Michigan include fines, jail time, community service, and license suspension or revocation.
What if You Believe the Test Results are Wrong?
If you believe that the test results are inaccurate, you can challenge them in court. This may involve hiring an expert witness to testify on your behalf, presenting evidence to show that the test was improperly administered or calibrated, or arguing that your BAC was affected by factors other than alcohol consumption.
If you're pulled over for suspected drunk driving in Michigan, it's important to understand the implied consent law and the potential consequences of refusing a breathalyzer or blood test. While you do have the right to refuse the test, doing so could result in a one-year license suspension and other legal problems. If you're charged with drunk driving, it's important to work closely with an experienced criminal defense attorney who can help you navigate the legal system and build a strong defense.