The Lucaj Law Firm, PLLC map
(248) 457-7000

Refusing A Blood Alcohol Test in Michigan

In the state of Michigan, the law requires you to take either a blood, breath or urine test if arrested for an OWI. Michigan has an “implied consent” law which states that if someone lawfully arrested by an officer who has probable cause to believe the person was driving under the influence, then they automatically consent to taking a chemical test to determine the blood alcohol content (BAC).  The test has to be taken immediately and the officer has a choice of what test the driver can take–though there are some exemptions.

But what happens if someone refuses to take the test?

After the driver is arrested, the officer usually will tell them that if they choose to take the test, then they have the right to have additional tests taken by a person of their choosing. However, the results of all these tests can be used against the person in court. Now, if the person refuses the test, the officer will tell you that your license will be suspended and the officer must give them a written notice that they have 14 days to request a hearing to challenge the suspension. In Michigan there are penalties if one refuses to take a blood test.

Refusal To Take Test License Suspension Penalties:

  • 1st Offense- 1 Year Suspension
  • 2nd Offense- 2 Year Suspension
  • 3rd Offense- 5 Year Suspension

If you're looking for a DUI attorney to represent you in court, contact the knowledgeable law team at The Lucaj Law Firm, PLLC today.

What Happens If My Child Is Found Guilty of Drinking Underage?
Finding out that your child has been found guilty of underage drinking is certainly not a comforting scenario. The implications it may have for their future as well as their present circumstances are enough to send any parent's head spinning. If...
Read More...
First Time Offense DUI: What You Should Know
There is one common sentiment that a new driver on the road or a veteran driver share. This is that dreadful moment when you get pulled over by the police for drunk driving for the first time. It might not be your first time getting intoxicated but...
Read More...
What Are The Repercussions Of A DUI In Michigan?
Last night, after the college football game, you made a bad decision. You drove home from the bar, didn't make it far and you spent the night in jail. You just woke up, in a panic. What's next? What are the repercussions of a DUI in...
Read More...
5 Things That Will Happen Right After You Get A DUI
In 2014, the Centers for Disease Control and Prevention (CDC) reported about 121 million alcohol-impaired driving incidents in the United States. 1% of that total number, or 1.1 million, was arrested for driving under the influence. For those who...
Read More...
Lawsuits Against Drunk Drivers Who Cause Car Accidents in Michigan
Everyone knows that alcohol impairs someone's ability to drive. Statistics released by the CDC year after year indicate that thousands of people are killed each year in accidents involving alcohol. For people who are hit by a drunk driver in...
Read More...
Michigan DUI Court Process: What to Expect
Michigan’s DUI laws state that no person can operate a motor vehicle if they are impaired by the consumption of alcohol, drugs, or any intoxicant. A police officer can stop you and test you to see if you are over the legal limit of .08% of a...
Read More...
If I Simply Intend to Plead Guilty, Why Do I Need a Lawyer?
Been charged with a crime? The situation is stressful for sure. Most people just want the whole situation to go away. Thus, it is quite common for criminal defendants to accept a plea bargain. These deals amount to a win-win situation for almost all...
Read More...
Your Second DUI: What to Expect
A DUI conviction with a prior DUI, sometimes called a “wet reckless,” offense where the previous conviction happened fewer than ten years before, will result in substantially increased penalties in most- if not all states and counties....
Read More...
What Are Contract Disputes?
A contract dispute occurs when one or more parties who are involved in a contractual business agreement feels that the other party has acted against or failed to fulfill the terms of the document, resulting in a breach of contract. Types of...
Read More...
What Happens After You Get a Traffic Ticket?
According to the National Highway Traffic Safety Administration, roughly 1 in 10 drivers are pulled over every year for speeding. Of those, about 70% receive tickets. Taking care of a traffic ticket is important; you can face additional fines,...
Read More...
Driver License Restoration Process After a DUI
Not having a license can be a very difficult thing to deal with. Constantly trying to arrange rides, trying to prove your age and identity identity, or writing or cashing checks, losing your license proves how complicated life can be...
Read More...
How Can an Attorney Defend You Against a DUI Charge?
If you’ve been charged with a DUI, you’re likely feeling a range of emotions, from embarrassment to anger to fear of the future. It’s no secret that a DUI conviction carries serious consequences, so as soon as you’re pulled...
Read More...
How to Calculate Lost Wages After a Workplace Accident
Sometimes workplace accidents result in serious injury leaving a worker incapable of working for a long period of time. When there is a dispute between the employee and employer regarding negligence, employees need to secure guidance from a personal...
Read More...
When Should You Sue After a Slip and Fall Accident?
While you were shopping at the local grocery store, you have probably heard, “Clean up on aisle 6!” Or in the cold winters, you were walking on the sidewalk to get to your friend’s house and all of a sudden the ground beneath your...
Read More...
What Makes a Contract Valid?
At its foundation, a contract is simply an agreement.  You probably enter into contracts everyday without even realizing it.  For example, purchasing with a credit card is a form of contract: you agree to allow the merchant to...
Read More...
Steps to Take After a Workplace Accident
Workplace accidents and injuries can occur in any profession, and employers have a legal responsibility to protect their employees while they are at work.  If you have recently been injured at work, the first thing you need to do is report your...
Read More...
What Should You Do After Receiving a DUI?
Getting a DUI is one of the biggest fears among adults who enjoy having an alcoholic beverage, and with low blood alcohol limits in most states, you don’t exactly have to be “drunk” to be charged with drunk driving. That said,...
Read More...
How to Locate the Best Criminal Defense Attorney in Michigan
In order to save time and money, you should be sure that your legal representative understands all of you individual needs. Your legal representative should be qualified to manage and win your case. While you are searching for the right legal...
Read More...
What a Criminal Defense Attorney Can Do For You
If you are currently facing criminal charges, you are at risk of consequences that can change your entire life. The consequences of a conviction can cost you your freedom, your job, and your license. During this stressful time, it is vital to have...
Read More...
The Lucaj Law Firm Launches New Website!
The Lucaj Law Firm Launches New Website!
Read More...
Refusing A Blood Alcohol Test in Michigan - free
 
* Indicates required questions
Name *
First Last
Email *
Phone #
How can we help you? *
VerificationCode
Enter code in image: