Michigan Breathalyzer Test Refusal Lawyer

Michigan Breathalyzer Test Refusal Attorney

No one plans to be pulled over for a sobriety test, let alone face a breathalyzer. Your decision to comply or not comply can significantly impact your case and your chances of beating a driving under the influence (DUI) charge. A Michigan breathalyzer test refusal lawyer can help you beat your charges by scrutinizing how your sobriety test was conducted and whether or not the breathalyzer was carefully calibrated before your arrest.

Legal Representation When It Matters Most

A DUI can lead to significant hardships that can affect your ability to drive to work and plan for the future. The legal team at Jeffrey Randa and Associates understands what you are going through and how refusing to take a breathalyzer test can affect your case. Since 1993, we’ve focused on protecting defendants in the Greater Detroit area with a concentration on DUI cases.

What sets our law firm apart from other criminal defense firms is our honesty, transparency, and dedication to securing exceptional results for our clients. We guarantee that we can win your Michigan driver’s license restoration or clearance appeal case on the first attempt, or we can continue representing you without additional legal fees until we succeed.

What Happens If You Refuse to Take a Breathalyzer Test in Michigan?

Michigan law enforcement takes DUIs seriously. In 2023, 8,817 alcohol-involved crashes in Michigan involved drivers under the influence of alcohol or drugs, and drugs and alcohol played a role in 40.4% of fatal crashes in Michigan in 2022.

Refusing to take a breathalyzer test in Michigan can have serious consequences, even if you end up not being convicted of operating a vehicle while intoxicated. The state of Michigan has an implied consent law when it comes to breathalyzer tests. This means that choosing to drive means that you consent to being tested for alcohol.

If you are driving along roads like Gratiot Avenue, I-94, or Hall Road and are pulled over, law enforcement can ask you to submit to a test. If you refuse a preliminary breath test at a traffic stop, you could automatically face a civil infraction and a fine.

If you are then arrested and refuse to submit to a test at the police station, you could automatically lose your driver’s license for one year and have your driving record dinged by six points. You would likely still face criminal DUI charges that you would have to fight in court.

Defending Against a Breathalyzer Refusal Charge in Michigan

If you were arrested and charged with a DUI, you’re far from alone. Tens of thousands of Michiganders face DUI charges every year. Refusing to take a breathalyzer test does not mean an automatic DUI conviction. While Michigan’s implied consent law results in a license suspension for refusal, prosecutors must still prove beyond a reasonable doubt that you were intoxicated while driving.

Without a blood alcohol content (BAC) reading, the case would likely rely solely on the officer’s observations, video footage of the field sobriety test, and any circumstantial evidence. For example, the arresting officer could have dashcam footage of how you drove your car in the moments leading up to you being pulled over.

You can work with your attorney to question the legality of the traffic stop. If the officer lacked reasonable suspicion or probable cause, your charges could be dismissed. Field sobriety tests are highly subjective and influenced by factors like fatigue, medical conditions, or even poor weather.

An attorney can argue that these tests do not provide reliable proof that you were under the influence of drugs or alcohol at the time of your arrest. Inconsistencies in the officer’s report can also weaken the prosecution’s case. Without a chemical test result, proving actual intoxication at the time of driving becomes difficult.

Possible Arguments About Why You Refused the Test

Hiring an attorney does not mean that you have something to hide, and refusing to take a breathalyzer test doesn’t mean that you are automatically guilty. There may well be legitimate reasons why you declined to submit to a test, and these arguments can be brought up later in court as part of your defense.

One defense may be that you did not understand Michigan’s implied consent law. If the officer did not properly inform you of the consequences of refusal, you may not have known the full implications of making that decision. If English is not your first language, you may not have understood what you were being asked.

A reasonable person might assume that submitting to a test could lead to a false positive, which could lead to consequences. If your DUI case goes to trial, your attorney can help you prepare to testify about why you did not submit to a breathalyzer test.

Why Legal Representation Is Key to Securing a Positive Outcome in Court

Following an arrest, you’ll be required to make regular court appearances at the 16th Judicial Circuit Court, which is also known as the Macomb County Circuit Court, or the nearest criminal court. Driving under the influence is a serious offense that prosecutors do not take lightly due to the public harm caused by drunk driving. In 2023, there were 8,817 alcohol-involved crashes in Michigan that resulted in 297 fatalities.

Having an experienced DUI defense attorney in Michigan in your corner can improve the chances that your case is resolved on favorable terms. Prosecutors often rely on intimidation to pressure defendants into accepting less-than-favorable plea bargain agreements. A criminal defense attorney can balance the scales of justice in your favor by safeguarding your rights, fighting your charges, and advocating for you in court.

During a stressful period in your life, having an ally in your corner who cares about your interests can be reassuring. As your case moves forward, you’ll likely have questions about restoring your driving privilege and how plea bargaining works. Your lawyer can provide honest and accurate answers to these and other questions.

Lawyers are also skilled negotiators who can leverage their knowledge of the law to secure a favorable plea bargain agreement. If the evidence supports your innocence, an attorney can take steps to have your charges dropped. If needed, your lawyer can represent you in court to argue before a judge or jury that you are not guilty of the crime that you are accused of.

FAQs

Schedule Your Michigan Breathalyzer Test Consultation Today

Refusing to take a breathalyzer test does not mean that you will be convicted of a DUI, but it does change the complexity of your case. The prosecution will likely still come after you with criminal charges, but you can fight back by hiring an attorney who understands how to defend clients once they refuse to take a breathalyzer or blood test.

Remaining evidence, like police reports and body camera footage, can be scrutinized for inconsistencies or procedural errors. Field sobriety tests are often unreliable. Additionally, law enforcement must have probable cause for the initial traffic stop.

At Jeffrey Randa and Associates, we help drivers in Metro Detroit fight breathalyzer-related DUI charges. We have represented clients facing DUI-related charges for decades, so we are well-versed in the state’s laws and how to successfully defend clients in court. Contact our office today to schedule your no-cost consultation.