Mark Mandell, Esq.
Did you that when
each time you get into the driver’s seat in Michigan, you are considered to
have consented to a BAC test? Before
heading out for a few drinks with friends, there are some important points
everyone should keep in mind if you’re thinking of getting behind the wheel, in
addition to having a designated driver.
Under Michigan’s Implied Consent Law, all drivers are considered to have given their
consent to chemical tests to determine their Blood Alcohol Content (BAC). It
does no good to refuse a BAC test, as there are significant penalties.
First of all, if
you refuse the test, six points will be added to your driver’s record and your
license will be automatically suspended for one year. This is a separate
penalty from any subsequent convictions resulting from the traffic stop. Secondly,
there is always a judge on-call for the police to get a warrant for a
blood-draw.
Further, if you
refuse a test, or if the test shows your BAC is 0.08 or more, your driver's
license will be destroyed by the officer and you will be issued a 625g paper
permit to drive until your case is resolved in court.
If you are arrested
a second time in seven years and again unreasonably refuse the test, six points
will be added to your driver record and your license will be suspended for two
years.
The suspension may be
appealed to the Traffic Safety Division, but the request for a hearing must be submitted
within 14 days – if you do not submit a request for a hearing, your license will
be automatically suspended.
Implied consent
hearings place a huge burden on the accused, but there are ways to soften
damages in the process.
The implied consent
hearings are conducted by attorneys from the Department of State. You must show
that the refusal to take the test was not unreasonable – and this is extremely
difficult to prove. However, the Michigan Supreme Court has ruled that you may
request a call to your attorney before submitting to a breath test (Hall v. Secretary of State, 1975): if
you are not allowed this opportunity, you may reasonably refuse a breath test.
You should also be
informed about the “One Hour Rule,” whereby you generally have one hour to
change your mind about submitting to a test. For example, if you refuse at
first, but change your mind 15 minutes later, then you have not unreasonably
refused the test.
Although the burden
of proof is incredibly difficult to overcome, first-time offenders can petition
the circuit court for a restricted driver’s license. You can also appeal any
legal defects in the implied consent procedure to the circuit court. Having an
experienced and knowledgeable attorney at your side to fight for your rights
can make a huge difference.
If you have been
charged with refusing to take a breath test, contact attorney Mark Mandell at
(248) 380-0000 or online at www.MichiganFraudLawyer.com.
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