Grand Rapids, MI- If you’ve ever been pulled over, you know how intimidating it is, especially of an officer thinks you’ve been drinking. If an officer does suspect you have been drinking, they are going to ask you participate in field sobriety tests and give breath or blood sample. In this situation, people usually ask: Do I submit to this a breathalyzer or chemical test? What are the consequences if I refuse?
Too many motorists have this mistaken notion that when you refuse a breathalyzer or blood or urine test, you are keeping the prosecution from obtaining the evidence they need for a DUI conviction. Because Michigan, like most states, has an implied consent law that motorists agree to when they get their driver’s license. Refusing any sobriety tests is a violation of implied consent laws and has serious consequences.
You are not going to be able to avoid a DUI charge in Michigan by refusing sobriety tests, and in reality, some of the consequences of refusing are a little harsher than a DUI. There is also the jeopardy that you could be charged with refusing and charged with DUI.
If a law enforcement officer asks you to submit agree to any sobriety test or a breathalyzer and you refuse, they can take your license immediately, and it will be suspended for at least a year. If this is your second or subsequent refusal charge over a seven-year period, you will lose your license for at least two years.
Deciding whether to submit or not submit is a difficult one to make because the penalties are equally troublesome. Unfortunately, deciding to submit to sobriety tests is a decision you have to make on the spot. One situation in which in which it might be better to submit to sobriety tests is if you’ve only had one drink and your blood alcohol content is borderline. With a DUI defense attorney on your side, you may be able to avoid a conviction and not face any consequences. On the other hand, you might be better off refusing a breathalyzer if you’ve had a lot to drink and your blood alcohol concentration is very high.
Another disadvantage to refusing a breathalyzer is that it makes a person appear guilty and how you are perceived will affect the outcome of your case. If you are facing refusal or DUI charges, USAttorneys urges you to contact a DUI lawyer in Michigan to work on your defense.
If you have been charged with a DUI in Grand Rapids, we recommend you contact the law offices of Gordon & Hess PLC and set up a time to discuss your case. Their team of defense lawyers use their knowledge and experience to help you avoid conviction and restore your driving privileges. You can contact the attorneys at Gordon & Hess at (616) 272-3331.