Questions & Answers
What happens when a driver who has been arrested
for drunk driving refuses to take the “breath test” at
the officer’s request?
Is there “any way around” the one-year license
revocation for a second drunk driving conviction?
Will I go to jail if I am convicted on a first
offense drunk driving?
I was arrested for OWI after being stopped on the
basis of a 911 phone call. Is that legal?
Is it legal for the police to force me to submit
to a blood test if I refuse to consent to any chemical
tests?
What are the driver responsibility fees in drunk
driving cases?
Are the results of the preliminary breath test
admissible in court?
What happens when a driver who has been arrested
for drunk driving refuses to take the “breath test” at
the officer’s request?
Like virtually all states, Michigan has an implied
consent statute that requires drivers to take a chemical
test at the request of a police officer following an
arrest for drunk driving. If the driver refuses to take
the test, his or her operator’s license will be
suspended for one year for a first refusal and two years
for a second or subsequent refusal. If you have refused
the test, you have 14 days from the date of the arrest
to file your appeal and request a hearing. If you fail
to file a timely request for hearing, your license will
be automatically suspended.
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Is there “any way around” the one-year license
revocation for a second drunk driving conviction?
No. Following a second conviction for drunk driving
the defendant must serve a one-year revocation period.
The courts have no authority to modify the period of
revocation.
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Will I go to jail if I am convicted on a first
offense drunk driving?
It all depends. The court has the authority to
sentence up to 93 days in jail on a first offense.
Historically, most first time offenders were placed on
probation with no jail time. However, some judges now
routinely impose jail on a first offense. It really
depends on the judge and the circumstances of the
individual case.
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I was arrested for OWI after being stopped on the
basis of a 911 phone call. Is that legal?
Possibly. Each case involving a stop and arrest based
upon a 911 phone call presents many possible defenses.
For example, if the arresting officer did not personally
observe any erratic driving and the 911 caller refused
to give his or her name, there may be a basis to
challenge the legality of the stop.
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Is it legal for the police to force me to submit
to a blood test if I refuse to consent to any chemical
tests?
Yes, if the proper procedures are followed. Under
Michigan law, a police officer may obtain a blood test
pursuant to a valid search warrant. However, in the
appropriate case, the validity of the warrant may be
challenged. A successful challenge could result in the
dismissal of the charges or, at the very least, result
in a more favorable disposition of the case.
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What are the driver responsibility fees in drunk
driving cases?
A person convicted of OWI must pay an additional fee
to the state of $1,000 each year for 2 consecutive
years. A conviction for operating while visibly impaired
(OWVI) requires payment to the state of $500 each year
for two consecutive years.
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Are the results of the preliminary breath test
admissible in court?
Yes, under certain conditions. Michigan law permits a
police officer to require that a person submit to a
preliminary breath test (PBT) if he or she has
reasonable cause to believe the driver’s ability to
operate the vehicle was affected by the consumption of
alcohol. While the PBT is not admissible by the
prosecution at trial to prove intoxication, it may be
admissible by the defense to rebut testimony that the
accused’s BAC was higher at the time of the arrest than
at the time the evidential breath or blood test was
administered. Also, the results may be offered by the
prosecution to rebut defense testimony from a
prosecution witness that the accused’s BAC was lower at
the time of the arrest than when the chemical test was
administered.
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