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Part II: What to Do If You Are Pulled Over for DUI – Breathalyzers and Blood Tests

December 5, 2020 DUI/OWI/DWI

If you are pulled over for a DUI, it’s important to understand that you have rights. You do not need to do whatever the officer asks you to do or answer all of your questions. In our last post, we discussed some of the rights you have – rights that protect you from incriminating yourself. 

Unfortunately, the police are very aggressive when it comes to DUI enforcement, so there probably isn’t much you can do to avoid being changed. The goal is to avoid helping the police build a case against you. If you’ve been charged with DUI, an Ann Arbor DUI lawyer can challenge the prosecution’s case and help you get a fair result. 

Breathalyzer Tests

There are two breathalyzer tests that are typically administered as part of a DUI arrest. The first is a roadside test, or “preliminary breathalyzer test” (PBT). You have the right to refuse this test. If you choose to do so, you face a civil infraction and fine, but there will be no license suspension or points on your license. That said, similar to the field sobriety test, the officer may still arrest you for DUI if they believe they have sufficient basis. 

There is a second breathalyzer test that is administered at the station after you have been arrested. Michigan is an “implied consent” state, which means that you have consented to a breathalyzer or blood test to demonstrate your BAC. Should you refuse either test, your license will be suspended for one year – a penalty that may be heavier than what you would face for a first-time DUI. 

Breathalyzers are sophisticated pieces of equipment that must be properly calibrated and operated by people who are trained to use them properly. A skilled Ann Arbor DUI lawyer will be able to analyze the test and determine whether the results can be challenged. 

Blood Tests

As mentioned above, the police may ask you to take a blood test instead of a breathalyzer test once you are taken to the police station. This is common in cases where the police suspect that you are driving while under the influence of drugs. Similar to the breathalyzer, your license will be suspended for one year if you refuse the blood test. And just as with breathalyzer tests, an Ann Arbor DUI lawyer can challenge the test on the basis that the test was performed incorrectly or the samples were mishandled. 

You Have the Right to an Attorney

If you are arrested for DUI, you do not have to face your charges alone. Too many people fall into the trap of thinking that hiring an attorney will make them look guilty or that the prosecution will be lenient if they cooperate. This is not the case. The prosecution is not required to explain the law to you or reveal any weaknesses in your case. Under the Constitution, you are entitled to be represented by counsel, and you are likely to get a far better result when you work with an experienced Ann Arbor DUI lawyer. 

Contact Ann Arbor DUI Lawyer Sam Bernstein Today

Hundreds of people will likely be charged with DUI this holiday season. If you find yourself facing DUI charges, attorney Sam Bernstein can help you get a fair result. Contact us today at 734-883-9584 to schedule a free consultation to begin putting your charges behind you.