Should I Take the Breath Test? A Look at Defending Drunk Driving Cases in Michigan

When it comes to drunk driving charges in Michigan, one of the most common questions people ask is whether they should take the breathalyzer test. Many are uncertain because there are conflicting opinions on the matter. 

To Take the Breath Test or Not?

In Michigan, if you refuse a breath test, you can lose your driving privileges for an entire year. While you may hope that the police won’t obtain a warrant to test your blood, this is a risky bet—refusing the test often works against you. The police can still collect your blood sample if they decide to obtain a warrant, and refusing the test doesn’t guarantee that the charges will be dropped. For most people, taking the breath test is the safer option.

The Evolution of Drunk Driving Laws

When DUI laws were first introduced in Michigan, the legal limit was 0.10 BAC. Today, it’s 0.08, which means fewer drinks can push someone over the legal limit. Additionally, the rise of drug-impaired driving, including prescription drugs and marijuana, has led to new offenses and changing laws over the last 10-15 years. Other changes include tougher penalties and stricter regulations around driver’s licenses.

Technology has also made a significant impact. Most police departments now use body cameras and car videos, meaning encounters with drivers are often recorded. This technology can work both for and against a defendant, providing valuable evidence.

Handling DUI Cases: From First Offenses to Fatalities

In Michigan, DUI charges are generally categorized by the severity of the offense. A person could be facing a first offense, a repeat offense, or a situation where their actions have resulted in injury or death. Each case is unique, and defense strategies vary depending on the circumstances, including whether the impairment was caused by alcohol, drugs, or both.

Field Sobriety Tests: To Take or Decline?

Field sobriety tests are commonly used by police to assess a driver’s level of impairment. While some believe that performing well on these tests can help them avoid an arrest, there are risks involved. The tests are often more about providing the officer with evidence to build a case than they’re about assessing whether someone is actually impaired.

Many legal experts advise politely refusing to take the field sobriety tests. Doing so doesn’t have any significant negative consequences and prevents giving the police more evidence to use against you. The best way to decline is to simply state, “Officer, I do not wish to perform any field sobriety tests.”

The Sobriety Court Program: A Rehabilitation Approach

For those struggling with alcoholism or drug addiction, Michigan’s Sobriety Court program provides an alternative to traditional punitive measures. The program is designed to offer rehabilitation through counseling, support, and regular testing. Individuals who successfully complete the program may have their conviction reduced or dismissed, avoiding jail time. This approach focuses on recovery, helping individuals turn their lives around while still holding them accountable.

Facing a DUI Charge: The First Step

If you’re facing a DUI charge in Michigan, the first thing you should do is consult with an experienced license appeals attorney. A lawyer can help assess the evidence and advise you on the best course of action, ensuring that you don’t navigate the complex legal system alone. Having the right legal representation can make all the difference in the outcome of your case.

Contact Geherin Law Group, PLLC today for a free consultation. They are dedicated to helping you get back on the road safely. Please call for a consultation at (734) 263-2780. We’re available 24/7!