Do I have to
submit to a
chemical test at
the police station?
Michigan, like most other states, has enacted an Implied Consent Law. Under the Implied Consent Law, when you obtain your driver’s license, you give permission to the State to test the alcohol content of your blood in the event you are arrested for drunk driving. The test will analyze one of the following: your breath, blood, urine or saliva. Normally you will be asked to submit to the DataMaster breath test.
Failure to comply with the request may result in the suspension of your driver’s license for one (1) year. If you previously refused to submit to a chemical test within the prior seven (7) years, the suspension will be extended to two (2) years. Six (6) points will also be assessed on your driving record.
Officers cannot force you to take the DataMaster breath test, but may seek a search warrant to obtain a sample of your blood, urine or saliva. If a warrant must be obtained, you will be cited for refusal to submit to a chemical test and subject your drivers license to suspension and six (6) points. Therefore, it is recommended that you SUBMIT to the DataMaster breath test. In addition, test results obtained by warrant are admissible and can be used against you at trial.
The Implied Consent Law requires you to submit one (1) sample of breath on the DataMaster. The officer will request two (2) samples. It is recommended that you REFUSE the second sample thereby depriving the officer of additional evidence with which to convict you.
You are entitled to have a person of your choice administer one of the chemical tests after you have taken the test requested by the police. If you make this request, the arresting officer will take you to a local hospital where your blood will be drawn for testing. Or, as an alternative, your urine or saliva will be collected. You should be aware however, that the results are discoverable by the prosecutor and are admissible, by you or the prosecutor, if you go to trial. The test may simply confirm the DataMaster and make your situation worse; but if the police refuse your request the court may rule the DataMaster test results inadmissible.
Before you submit to a DataMaster breath test, or any other chemical test, or request an independent test by a person of your own choosing, you should exercise your right to counsel, regardless of the time of day or night. A highly skilled attorney can make all the difference in these cases. Attorneys experienced in representing those charged with drunk driving who are willing to accept calls after regular office hours are listed in the telephone book. This office accepts such calls day or night and is listed in the telephone book.
