Breath Test Refusal
Refused a drug / alcohol / breath / blood test after your arrest? The attorneys at Kronzek & Cronkright can steer you back on track.
If you are arrested for suspicion of driving under the influence (DUI or OWI or OUIL or OUID) of alcohol or drugs, a police officer will typically take away your permanent driver's license and hand you a paper Michigan Temporary Driving Permit. The permit is valid under the same terms and conditions as your plastic license, that is, until criminal charges are dismissed, you are acquitted, or your driving privileges are suspended, restricted, or revoked after conviction.
If the police prove you refused to submit to a breath or chemical test after your arrest, your driver's license will be suspended for one year if this is your first refusal. This applies only to testing after your arrest. In other words, this suspension does NOT apply to refusing to take a PBT (preliminary breath test) in the field before your arrest, using the small machine that police carry in their patrol cars. Instead, the suspension applies to refusing a test after you have already been arrested. This typically occurs when the police ask you to take a breath test at the jail or police station. You might think of this as refusing to take a Breathalyzer test even though those tests are actually administered on a Datamaster machine in the State of Michigan.
The suspension grows to two years for a second refusal to submit to drug or alcohol testing after an arrest. The Secretary of State will also tack six points onto your driving record. This also applies to a technical refusal case. A technical refusal allegation can be made even when you put forth an honest effort to provide a breath sample but the equipment fails to register the reading.
I have doctor appointments! There is nobody else to do the driving!
How am I going to get to work? I have to take the kids to school!
Don't panic. There is hope! The DUI defense attorneys at Kronzek & Cronkright can help you fight to get a restricted driver's license. Michigan law allows drivers to apply to the Circuit Court in their county for a restricted license, but only after the first refusal to submit to chemical testing.
Proof of a second refusal is an automatic two-year suspension with no chance to seek a restricted license.
If you are accused of refusing a requested chemical test after arrest, the temporary driving permit also functions as a notice of suspension and appeal rights. The notice informs you of your suspension and your right to request an administrative hearing with the Driver Assessment and Appeal Division of the Secretary of State to contest the suspension of driving privileges.
Caution: You have just 14 days from your arrest date for the Secretary of State to actually receive your request for an administrative hearing. Miss the deadline and you lose the right to a hearing. Your license will be suspended for a period determined by the Driver Assessment and Appeal Division (at the Secretary of State) based on your driving record - usually one or two years.
You should retain an experienced DUI attorney to guide you through this difficult process. Call Kronzek & Cronkright immediately after your arrest. We can be reached at 1-866-766-5245. Our years of experience do make a difference.
Remember, state law protects your right to refuse a hand-held preliminary breath test, or PBT, at roadside before arrest. If you refuse the chemical test after you are arrested, you should have experienced lawyers represent you and fight to keep you on the road.
The attorneys at Kronzek and Cronkright are skilled at representing drivers in Secretary of State DAAD suspension hearings. The hearings often include sworn, recorded testimony by one or more officers. It is vital that your attorney be given the opportunity to cross-examine the arresting officer. Your driving privileges are at stake.
Certain legal arguments relevant to your criminal court charges of drunk driving, OWI, OUIL, impaired, OUID and OUI may be used at your Secretary of State hearing. Likewise, certain sworn testimony from the DAAD hearing can, at times, be used in court when it is helpful. Be aware your court case can be dismissed or reduced, but the DAAD will still enforce the suspension in most instances. Winning your drunk driving case does not mean that your refusal case will go away.
Courts and the driver's license division, which is sometimes called DMV, are separate entities and each has it's own purpose. Generally, a court will not order the driver's license division / DAAD to suspend your license. The suspensions usually occur without court intervention. There have been times when we have skillfully negotiated an agreement to dismiss the DAAD suspension. Let us put our experience and knowledge to work for you.
Also, you should be aware that if you are licensed in another state, any action by the Michigan Secretary of State may impact your license in that state as well.
Contact Kronzek & Cronkright today for more information if you are facing license suspension. We can be reached at 1-866-766-5245 or email us today
