Breathalyzer tests are common in Michigan. If the police already have an idea that you are not in the right mind right, they have the right to pull you over.
Getting pulled over in the state of Michigan is not exactly what you want. It is a very strict state when it comes to the laws on driving under the influence. The state is known for having specific motor vehicle laws that its citizens and anybody passing by the state of Michigan should comply with.
Here at Haque Legal, our goal is to make sure that you know your rights at all times. In a lot of the cases that we have handled regarding the breathalyzer test in Michigan, we have noticed that there are a couple of questions that are commonly asked by the clients.
In this article let us answer some of the commonly asked questions about the breathalyzer test in Michigan and your rights relating to whether or not a police officer can force you to take the breathalyzer tests and if you need a Southfield DUI lawyer to help.
Do I have a right to refuse a breathalyzer test?
In some panicked phone calls, we received from clients they often ask us if at the time of being pulled over they have a right to refuse to take the breathalyzer test. Imagine this scenario you are driving around and then you suddenly get pulled over for the first time because of the police things that you may be drunk driving. What do you do? Do you just say yes to whatever the police will tell you? Do you step out of your vehicle? The answer is no.
You need to know that you can always refuse to step out of your vehicle and take a breathalyzer test. The police officer is limited to citing you up for writing you a traffic citation through an open window on the driver’s side.
This should be made perfectly clear the only thing that you are required to open in case of a traffic stop would be the window on the driver’s side. You need to protect yourself from any kind of situation that could cause you further problems in the future. If you are under the suspicion of driving under the influence in the state of Michigan the police officer may ask you to step out of the vehicle or to take the breathalyzer test, depending on the breathalyzer machine on your vehicle.
If you still refused to take the breathalyzer test you are well within your rights to do so and the police officer may not force you.
How does my refusal affect Michigan’s Implied Consent Laws?
Michigan’s Implied Consent Law is very strict. Under Michigan law, your presence on a public highway will give the police the right to test you for alcohol or drugs through your breath using a breathalyzer machine or a urine test. These are the only two ways that police officers may take a sample from your person during the time that you are pulled over.
The existence of Michigan’s implied consent clause means that you are in violation of the Michigan Vehicle Code if you refuse to take a breathalyzer test. The police officer must first pull you over because there is a reasonable suspicion that you have been driving for operating a motor vehicle under the influence of a controlled substance or of alcohol.
Your refusal to take a breathalyzer means that you are in violation of the Vehicle Code.
What does this mean?
Because you are in violation of the Michigan Vehicle Code, the police officers are required to do the following:
- Submit an Officer’s Report of Refusal to Submit to Chemical Testing to the Secretary of State’s office;
- Give you notice of an administrative hearing; and
- Confiscate and destroy your license and give you a paper permit.
Should I just give in to the demands of the police officer?
If the demand of the police officer is for you to take a breathalyzer test and you are not guilty of driving under the influence or operating a motor vehicle under the influence there is nothing wrong with you giving in to taking the test.
While we recommend that you have the presence of mind to call us at a time when you are pulled over so that we can help remind you of your rights, we also need to make sure that you can just go on with your drive if you are not guilty.
If you have not taken any alcohol and the suspicion of the police is misplaced you can respectfully inform them that you are perfectly in the right mind to be driving and that you have not been driving under the influence. Being able to come to the police officers but you did nothing wrong and that you know your rights and that you are willing to comply with all of the requirements at the set are great. They are steps that can manifest how good you are in terms of driving and how you have the presence of mind which negates the claim that you are driving under the influence.
What if I am really guilty of driving under the influence?
If you are really operating a vehicle under the influence and there is no way that you can prevent getting caught, because you have already been caught, the best thing that you can do is to cooperate with the authorities and contact us as soon as you are able to. The best way to protect your rights would be to cooperate by being silent and calling a Southfield criminal defense lawyer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If it is your first time getting pulled over and you think that your rights have been trampled on, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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