If the police in Michigan suspects that you are operating a vehicle while intoxicated (OWI), they may pull you over to test your blood alcohol content (BAC). This requires a chemical test, which is usually a breath or blood test. Many people are not aware of their rights when it comes to requests for breath or blood testing when they are suspected of driving under the influence of alcohol or drugs. At Ray Law Criminal Defense Attorneys, our highly qualified legal professionals are here to protect and defend your rights. Call or contact the office today to learn more.
Breath Testing
Michigan police may use two types of breath testing during an investigation for suspected drunk driving. The first is a portable breath testing device (PBT) that is used on scene during a stop, and the second is called the DataMaster breath test that is used at the police station. After a police officer pulls a person over for suspicion of driving under the influence, they will request that the driver submit to the PBT. The portable breath test is a handheld device that is not always the most accurate and cannot be used as evidence in a criminal case. However, if a driver submits to the test the police can use it as probable cause for an arrest. A person suspected of DUI has the right to refuse the PBT, but it may come with a driver’s license suspension as a civil infraction.
Once at the police station, a person arrested for DUI may be forced to submit to a DataMaster breath test. This test is more reliable than the PBT and can be used as evidence in a criminal DUI case. Michigan operates under the Implied Consent Law, which means that drivers implicitly agree to submit to breath testing when they get behind the wheel. If you refuse to submit to the DataMaster breath test at the police station, law enforcement may be forced to get a warrant for a blood test.
Blood Testing
A blood test is the most accurate and reliable method of testing a person’s blood alcohol content after an arrest, but it is not often used because the test requires a warrant. A blood test may also be administered at the hospital after an accident where DUI is suspected. The test itself requires a medical professional to draw blood from the suspect and submit it for chemical testing to determine the amount of alcohol in the person’s system. If the BAC is 0.08% or higher, or if the driver tests positive for drugs, then he or she can be charged with driving under the influence in Michigan.
Call or Contact Our Office Now For Any Criminal Case Questions
Have you or a loved one been arrested on suspicion of drunk driving? If so, you need an expert in Michigan criminal defense law defending your rights. Call the office or contact us today at Ray Law International, P.C. to schedule an evaluation of your case.
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