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.
In the first part of this series, we have discussed Breathalyzer Tests In Michigan and Your Rights. We have answered 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 how you can fight for your rights.
In the second part of the series, we have begun discussing the breathalyzer tests and the field sobriety tests involved in the testing.
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 and we want to address them all. Let us continue.
One Leg Stand Test
There is also the one-leg stand test where the individual would be asked by the police officer to stand on one leg so that the officer can observe their balance. Here the important factor that the police officer is looking at is the balance that the person suspected of being drunk can do. Even if you are not trained in testing the sobriety of individuals you know that person is drunk when he cannot balance himself.
With that, here is a list of the things that the police officer is checking out.
- Stand with your feet together.
- Keep your arms by your side.
- Maintain that position until you are told to do otherwise.
- Do you understand?
Balance & Counting Stage
- When I tell you to start, raise either leg approximately 6 inches off
- the ground, keeping your raised foot parallel to the ground.
- Keep both legs straight, arms at your side.
- Keep your eyes on the elevated foot.
- While holding that position, count out loud (one thousand one, one thousand two) until told to stop.
- Do you understand?
This specific field sobriety test is considered a timed test. The police officer will be required to time you and check out if you can perform the test or not.
Common Mistakes In The One Leg Stand Test
Some drunk individuals will probably not be able to manipulate this test. Not only is this specific test one that is very confusing if you are sober, but the test is also more confusing if you are not. The police officers look at the context clues that show if you are drunk and they are the following:
- Are you swaying your arms?
- Are you using your arms to balance?
- Are you hopping?
- Did you put your foot down?
- Can you even perform the test?
After failing this specific field sobriety test you may be taken into custody or be subjected to another breathalyzer test.
Walk and Turn Test
There is also the walk and turn field sobriety test that is commonly used. The walk and turn test is a test that you have probably witnessed on the side of the road or on an episode that you watch on your favorite series. Khloe Kardashian was subjected to this test when she was caught driving under the influence.
The walk and turn test is done by the police officers and simply requires the person involved to walk in a straight line. It is that simple. If you are sober, it can easily be done.
What if I refuse to continue with the Field Sobriety Test?
If you refuse to continue with a field sobriety test you may do so. However, as we have discussed in the previous articles the police officers are required to make sure that you would be reported and undergo the administrative process.
What happens if I fail the test?
If you fail the test, you will be taken to the police station for a more accurate Breathalyzer test. Most of the police stations in Michigan have the DataMaster Breathalyzer. The DataMaster Breathalyzer is considered as the more accurate machine in comparison to those that are used by the police officers as a handheld in roadside pullover testing.
What if I refuse to take the test at the police station?
If you refuse to take the test at the police station you will be subjected to more testing. The police can obtain a search warrant that would require you to submit a blood test. In the state of Michigan refusing to take the breathalyzer in the police station is enough evidence for the police to continue with prosecuting your case.
This is the part where you need to get a lawyer involved before even getting tested in the police station. The most important thing that you can do is to call your lawyer before getting anything tested or even before saying that you refuse to take the breathalyzer test. It is your responsibility as a client to call your lawyer since your lawyer would not be able to guess if you are in trouble or not.
Let Haque Legal Help You With OWI Charge
Now that you know some facts about dealing with getting pulled over in Michigan it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
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.
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The post The Process of Getting Tested Through Breathalyzer Tests In Michigan and Your Rights: Part Two appeared first on Haque Legal.