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Birmingham DUI Drug Testing

If you have questions regarding the processes involved in Birmingham DUI drug testing, consider reaching out to an experienced criminal defense attorney who can help you understand what types of necessary procedures are required of you by law. Become acquainted with the following information to learn more about what goes into Birmingham DUI drug testing, as well as the ways a professional Birmingham DUI lawyer could potentially make a difference in your case.

How Authorities Carry Out Drug Testing

If somebody is believed to be on alcohol or drugs, the authorities will first test them for alcohol. If someone refuses the alcohol test or if the alcohol test comes back below the legal limit, that is when authorities usually test for drugs. The reason they try alcohol first is that it is a much easier and cheaper testing method.

Alcohol Testing vs. Drug Testing

While alcohol testing simply involves a breath test, with drugs there is an actual blood test that must be separated out to test each drug individually. The evidentiary testing for drugs is a much higher standard than most are even familiar with and because of that, there is a large cost associated with that. Officers will first try to find individuals guilty of drunk driving if they can because it will save them a lot of time, effort, and money.

Urine Testing

While there is the availability in the State of Michigan to use urine testing, the police often do not want to use it for hygiene reasons. Also, it is not just as expedient as taking someone to get blood or get a breath test for alcohol to see if they can just prove drunk driving as it is an easier standard than trying to get drugs involved.

Laws Regarding Refusal of Birmingham DUI Drug Testing

Similar to anybody who takes a breath test for alcohol, individuals who drive on Michigan roads give implied consent that they are going to voluntarily test if they are arrested for drunk or drugged driving. If someone refuses, then the police officers can obtain a search warrant to have their blood drawn.

Penalties for Refusing Testing

Withdrawing implied consent means that someone could lose their license as far as having it suspended for a period of one year. On a first implied consent refusal, someone will have six points added to their license. Still, they could potentially get a hardship petition, allowing them to drive in a restricted manner through Oakland County Circuit Court on a Birmingham case.

Individuals need to be aware that refusing the test does carry certain penalties with it. However, these penalties are read to individual prior to making a decision in the hope they will listen and then elect to voluntarily give blood. If they do not, the blood will be taken anyway and then they will face a one-year suspension.

The Role of a Skilled DUI Lawyer

If you have questions about your rights regarding Birmingham DUI drug testing, reach out to a reliable attorney today who can help teach you about what is and is not considered constitutional in the state of Michigan. A dedicated lawyer can assist you in creating a professional defense strategy while acting as an aggressive advocate for your innocence. Contact an attorney knowledgeable in Birmingham DUI drug testing today to schedule your initial consultation.