Refusing a Breath Test

Refusing a Breath Test

What happens if I refuse a breathalyzer test?

- HW, Michigan

Answer:

When an officer suspects that you have been drinking and driving they may choose to administer a breathalyzer test which will give an estimate of your blood alcohol content (BAC) level. By refusing to take this test, the officer can still charge you for a DUI, and you may face other possible ramifications in addition to DUI charges. Additionally, there may be automatic penalties that are issued and this can often take place before the criminal case has even been completed.

This part of the case will deal with the state and in some cases a person can be not guilty for the DUI charge but can still endure the penalties of the refusal. The details of the refusal will be sent to the Secretary of State. The Report of Refusal will need to be appealed in fewer than 14 days. At this point, a hearing will be scheduled and no action will be made against your driver's license by the state. If you do not respond to the allegations against you in the correct amount of time, you can face points against your driver's license and a possible license suspension.

When the implied consent hearing comes around, it will be necessary to defend against the allegations. The prosecution will have the burden of proof in proving the charges against you. They will need to show the court that they had sufficient reason for pulling you over, that they arrested you for suspicion of drunk driving, that you did not refuse the test in a reasonable manner and that you were informed of your rights. If they are able to prove all of these aspects, this then you can deal with penalties, including a year license suspension and six points against your driver's license. For further assistance, allow us to evaluate your case free of charge.



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