Man looking at breathalyzer

Do You Have to Take a Breathalyzer Test?

Most drunk driving accidents in Michigan are caused by drivers who have blood alcohol contents (BACs) of 0.15 or more. For this reason, Michigan officers may ask citizens suspected of drunk driving to take breathalyzer tests. However, what many don’t know is that it’s legal to refuse the test, but refusals may result in consequences.

Implied Consent
Michigan’s implied consent laws state that anyone with a Michigan driver’s license suspected of drunk driving has consented to take breathalyzer tests.

Refusing the test may result in six points being added to the driver’s record. Additionally, the driver will receive an automatic one-year suspension of their driver's license or non-resident operating privileges. These penalties are on top of any other consequences resulting from the traffic stop.

Second Offense
A second incident within seven years will result in harsher penalties. Refusing the test a second time will result in six points being added to the driver’s record, and the driver will receive an automatic 2-year suspension of their driver's license or non-resident operating privileges.

If the driver refuses the test or if the test shows a BAC of 0.08 or higher, the officer will destroy the driver’s license. The driver will then receive a 625G permit, which is a temporary driver’s permit. The driver will keep the temporary permit until the case reaches court.

An Okemos OWI attorney can provide legal guidance and advice before a court hearing.

Acquiring Legal Assistance
A driver can contact the Administrative Hearings Section to appeal the suspension of their license. The driver has 14 days from the date of the traffic stop to appeal the suspension. If the driver fails to appeal within 14 days, then the suspension will stand. An experienced OWI attorney can help you plead your case at an Administrative Hearings Section, so contact one as soon as you lose your license!

Have you been accused of driving under the influence? If so, an Okemos OWI attorney can help. White Law PLLC represents clients all across Michigan, including Okemos, Lansing, and Ingham County. Contact us today for a free consultation to discuss your case.

Call (517) 316-1195 now to set up your initial consultation.

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