Being pulled over by a police officer is an unsettling and scary experience. Sometimes, we don’t know what to do or how to handle a particular situation as we aren’t familiar with what are rights are.  One question many individuals often ask is whether they are required to submit to a chemical test after being accused of driving under the influence. Below we discuss this matter and provide you with some clarification.

If you were pulled over for suspicion of driving while intoxicated, the officer questioning you is likely going to request that you take a chemical test to determine what your bodily alcohol content (BAC) level is. Under Michigan’s Implied Consent Law, you are considered to have given your consent to take this chemical test, however, you do have the right to refuse it.  When you choose to exercise this right, you are going to be faced with certain consequences for doing so.

If you have been charged with DUI or are facing a conviction, don’t risk being charged with the maximum penalty. Contact East Lansing DUI attorney Stuart R. Shafer by calling 517-487-6603. He will ensure your rights are protected and that your case is handled fairly.

Now, some of the consequences you will face as a suspected DUI offender who has refused to take part in a chemical test includes:

  1. Having six points added to your driver record and your license. Accruing points on your license could result in you losing your privilege to drive. The more points that accumulate, the more time you lose in driving. Having points added to your license could also affect your ability to obtain an insurance policy later in the future as insurers may look at you as a liability. If you are given the opportunity to purchase a policy, your premium is likely going to be extremely high.
  2. Having your license suspended. The state of Michigan will suspend your license for one year given that this is your first time refusing a test.

In the event this is your second arrest within seven years and you are refusing to submit to a chemical test, you will have six points added to your license and it will be suspended for two years.

[Source: State of Michigan Secretary of State].

Something you should keep in mind when refusing a chemical test is that the penalties mentioned above are separate from the consequences you are going to be faced with if you are convicted of any other crime. To help ensure you aren’t charged for a crime you didn’t commit, we encourage you to enlist the help our Lansing and East Lansing DUI defense attorneys can provide.

The Law Offices of Stuart R. Shafer, P.C. has been defending clients for several years now and is willing to help anyone who is facing a DUI/DWI charge in any of the following cities: Lansing East Lansing, Charlotte, Grand Ledge, St. Johns, Okemos, Dewitt.