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Refusal to Comply With Testing – What Are Your Options – 'Implied Consent'

If this is a first time offense, YOU SHOULD COMPLY WITH BREATH ALCOHOL TESTING. You will likely be able to retain your driving privileges, and there is no reason to risk a 1 year suspension of your license.

If your charge is a felony offense, or if you were charged with OWI causing death or serious injury, some lawyers suggest the wisdom of refusing the DataMaster testing, because you are going to lose your license as a sanction for the underlying offense, and complying with the DataMaster only provides the Prosecutor with additional evidence to help convict you.

Need to know more about your options?

We can go over all options regarding implied consent

Learn more about Michigan DUI Laws & Protections.

Under Michigan law, your use of roads and highways is held to show your implied consent to provide breath alcohol testing. MCLA §257.625c. Thus, there are consequences for your refusal to submit to the testing, that you have “impliedly consented” to giving... Continue reading.

Michigan recently enacted enhanced penalties for first time drivers, whose blood alcohol level exceeds .17%. Under Michigan’s new “Super Drunk” law, including mandatory one-year alcohol rehabilitation, a one-year license suspension, the first 45 days of which is a so-called “hard suspension”, meaning no driving at all; during the remaining 320 days, the driver can seek restricted driving privileges, but only if monitored by a breath alcohol ignition device (or “breath interlock device”), installed and maintained in the vehicle, at the expense of the driver... Continue reading.

Using the Widmark formula, as breath alcohol testing machines do internally, and mechanically, you can calculate the anticipated blood alcohol level one would expect from consuming a certain amount of beer, wine, or hard liquor. One can also calculate how many drinks of different types of intoxicant, it would take to elevate one’s blood alcohol level to a given number. Constants are built into this well-accepted formula, to account for physiological differences between men and women, and between heavier and thinner people... Continue reading.

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