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Refusal to Take a Chemical Test

Michigan’s Implied Consent Act requires that motorists arrested for a crime that involves driving under the influence of drugs or alcohol submit to a chemical test.

A chemical test may be either a breath test or a blood test which measures the driver’s blood alcohol content.

Refusal to take a chemical test results in a one year license suspension. A second refusal within seven years of a previous refusal results in a a two year license suspension. Six points will be assessed on the driver’s license.

When a driver refuses to submit to the chemical test the police officer can then apply for a search warrant to perform a chemical test, which will probably be a blood draw. Fighting the officer or medical professional performing the blood draw can lead to the serious felony charge of resisting an officer.

The license suspension can be fought in an Implied Consent Hearing.

If you have been charged with a drunk driving crime in Michigan contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein and discuss your case and options for protecting your driver’s license.

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