Drunk Driving
FAQ’s
If you’ve been charged with drunk driving in Michigan, you likely have questions about what happens next. A DUI or DWI can affect your driver’s license, your finances, and even your future employment opportunities. Understanding the drunk driving laws in Michigan is the first step toward building a strong defense and moving forward with confidence.
Do I have to take a breath test?
People are often confused about breath tests. When a police officer pulls you over one of the first things they will do after establishing you had been drinking before driving is ask you to take a PBT. A PBT is a
preliminary breath test that is administered at the scene of a traffic stop or accident. My advice is not to agree to take the PBT.
When you refuse to take a PBT it is considered a civil infraction that carries a $100 fine. That is the only penalty for not taking the test. Most importantly, not taking the test means that the police officer has one less tool to establish probable cause that you were operating a vehicle while intoxicated.
Do I have to take field sobriety tests?
A police officer will ask you to take field sobriety test if the police officer suspects that you were operating a vehicle while intoxicated. The National Highway traffic association only recognizes three field sobriety tests as indicators of intoxication But police officers will often ask you to perform ones that are not recognized in addition to the three that are. I strongly suggest that you refuse to take the field
sobriety tests.
Again, It eliminates another tool the police officer uses to establish probable cause that you were operating a vehicle while intoxicated. Taking a field sobriety test is completely voluntary and there are no penalties for refusing to take them.
What is the difference between a PBT and a breath test or chemical test? And, do I need to take them?
The PBT is discussed above and my recommendation is that you do not take a PBT. A breath test or chemical test is performed after a person is placed in custody on suspicion of driving while intoxicated or impaired. A police officer will ask you to take a breath test or allow your blood to be drawn to establish
your level of alcohol consumption and intoxication. I almost always recommend that you agree to take a breath test or allow your blood to be drawn. The reason is that if you refuse to take the breath test or
allow your blood to be drawn, the police officer will obtain a search warrant that will force your blood to be drawn.
In addition, refusing to take a breath test or allowing your blood to be drawn is a separate violation that gets submitted to the Secretary of State causing your driver’s license to be suspended for a year, regardless of the outcome of any potential drunk driving criminal case.
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