Michigan Breathalyzer Refusal
If you are stopped on suspicion of operating while intoxicated (OWI) in Michigan, the officer will ask you to take a breathalyzer test in order to determine your blood alcohol content (BAC). If you refuse to take this test, you may be subject to immediate penalties, such as a suspended driver’s license. If you were recently charged with a Michigan breathalyzer refusal, you should contact a qualified OWI defense lawyer as soon as possible to protect your driving privileges.
After a Michigan breathalyzer refusal, a report of refusal form will be submitted to the Secretary of State, notifying them of your violation. Please note that you only have fourteen days from the date of your refusal to contest the accusation. Failure to respond in a timely manner will result in six points on your driving record and a one-year license suspension.
You should know that your license can be suspended even before you go to court for your OWI criminal case. Because this action is taken by the State and not the criminal court, your verdict has no impact on your suspension; in fact, you can even be acquitted and still have your license suspended.
If you submit your license appeal to the Secretary of State before the deadline, a hearing date will be set and you no action will be taken on your license until after that hearing. Having an attorney present at the Implied Consent hearing is strongly advised. During the proceedings, the officer must establish that he or she had reasonable grounds to believe you were committing the crime of OWI, that you were placed under arrest for OWI, that you unreasonably refused to take the breathalyzer, and that you were advised of your breathalyzer test rights. If the officer doesn’t prove all of these elements, you will win your case and keep your license. However, if the officer does prove all of these statements, your license will be suspended for one year.
There are several defenses that can be used contest your license suspension. For example, your lawyer may argue that the officer did not have grounds to establish that you were drinking and driving or that you were arrested for a matter other than OWI, or that your arrest was improper, or that you refusal was reasonable
Handling day-to-day activities without the ability to drive can be very difficult. Let The Barone Defense Firm fight for your driver’s license. To receive a complimentary initial consultation, please submit your information via our online form now!
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