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Refusing A Blood Alcohol Test in Michigan

In the state of Michigan, the law requires you to take either a blood, breath or urine test if arrested for an OWI. Michigan has an “implied consent” law which states that if someone lawfully arrested by an officer who has probable cause to believe the person was driving under the influence, then they automatically consent to take a chemical test to determine the blood alcohol content (BAC).  The test has to be taken immediately and the officer has a choice of what test the driver can take–though there are some exemptions.

But what happens if someone refuses to take the test?

After the driver is arrested, the officer usually will tell them that if they choose to take the test, then they have the right to have additional tests taken by a person of their choosing. However, the results of all these tests can be used against the person in court. Now, if the person refuses the test, the officer will tell you that your license will be suspended and the officer must give them a written notice that they have 14 days to request a hearing to challenge the suspension. In Michigan, there are penalties if one refuses to take a blood test.

Refusal To Take Test License Suspension Penalties:

  • 1st Offense- 1 Year Suspension
  • 2nd Offense- 2 Year Suspension
  • 3rd Offense- 5 Year Suspension

If you or someone you know need a reliable criminal defense attorney, enlist the help of an experienced criminal defense attorney at Aldrich Legal Services. Our team of lawyers are familiar with the local system and can give you the help you deserve.

 

 

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