What does it mean to have a chemical test refusal in an implied consent state?
Michigan is an implied consent state, which means that every time you get behind the wheel of a car, you are consenting to take a blood, urine, or breathalyzer test in the event you are pulled over for a DUI (also known as OWI, or Operating While Intoxicated).
These tests are designed to determine your blood alcohol content (BAC) level, to see how drunk you really are (if you’re drunk at all).
But there’s more to it than that: under Michigan’s implied consent law, even if you haven’t been arrested for an OWI or DUI, you are required to take a breathalyzer test upon request. This preliminary test is used by the police to establish what’s called probable cause that you were, in fact, driving under the influence of a controlled substance.
And if you refuse either the preliminary test, or the test that you are required to take after you’ve been arrested, you could be charged with severe penalties and fines that include:
- License suspension for one year for the first offense,
- License suspension for two years for the second offense, and
- License suspension for five years for the third offense and beyond.
Refusing to take a test will not decrease your chances of getting convicted of an OWI or a DUI after the fact, so refusing to take a test will work against you in the long run. So what do you do if you’ve been arrested and have refused to take a test?
Contact Chemical Test Refusal Lawyer Gary Wilson, Esq., and let us work for you!
While past results do not guarantee future success, Gary Wilson, Esq., is pleased to be your trusted lawyer to represent you if you’ve had a chemical test refusal. For more information about us and how we can help you, contact Gary Wilson, Esq., today!