Grand Rapids Breath Test Refusal

In the state of Michigan, you can be arrested and charged with OWI (Operating While Intoxicated) if you are caught driving under the influence of alcohol or drugs. You may even be charged with a second offense if your breath test results indicate your blood alcohol content (BAC) was above the legal limit of .08%. But what happens if you simply refuse to take a breath test? You can’t be charged with OWI, right? Wrong. As specified by the state’s Implied Consent Law, refusing a breath test can result in a mandatory two-year license suspension—even if you aren’t convicted of OWI.

When you obtained your Michigan driver’s license, you agreed to abide by the Implied Consent Law. This law obligates you to submit to chemical testing (breath, blood, or urine) if requested by a law enforcement officer during a lawful arrest for suspected drunk driving.

Consequences for a Refusal

Refusing a breath test triggers immediate penalties:

• Your driver’s license will be confiscated and destroyed.
• A temporary driving permit will be issued until your case is resolved.
• Police will file a Notice of Refusal with the Secretary of State.

You have 14 days from the date of your arrest to request an administrative hearing to contest your license suspension. Failing to do so results in an automatic license suspension lasting one to two years, along with six points added to your driving record.

It’s critical to note that these consequences apply to Implied Consent refusals, not roadside preliminary breath tests (PBTs), which are often used to establish probable cause but are not admissible in court as evidence of intoxication.

Defending Against Breath Test Refusal Charges

There are several defenses to contest a breath test refusal:

• The officer lacked probable cause to stop or arrest you.
• The officer failed to explain the consequences of refusing the test.
• Proper procedures were not followed, such as failing to place you under arrest before requesting a chemical test.

Challenging the legality of the stop or the refusal can result in your case being dismissed or penalties reduced. These defenses require the expertise of an experienced attorney who understands the nuances of Michigan’s OWI laws.

Why You Need an Attorney

Refusing a breath test is a serious matter, and navigating the legal system without professional help can lead to devastating consequences. A skilled attorney can:

• File your hearing request promptly.
• Investigate whether your rights were violated during the stop or arrest.
• Build a tailored defense strategy to minimize penalties or have charges dismissed.

With decades of experience in OWI defense, the attorneys at Barone Defense Firm know the intricacies of Michigan law and have a proven track record of helping clients retain their driving privileges.

Contact Us Today

If you’ve been accused of refusing a breath test in Grand Rapids, act quickly. Contact Barone Defense Firm for a free consultation to discuss your case. Our experienced attorneys will guide you through the process and fight to protect your rights and driving privileges. Let us help you get your life back on track.

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