QUESTION
Do I have to admit to the officer that I have had any alcohol and can I refuse a portable breathalyzer test?
Asked on Apr 18th, 2014 on DUI/DWI - Michigan
More details to this question:
I was pulled over for suspicion of driving under the influence.
7 ANSWERS
Michael J. Breczinski
If you refuse a alcohol test then they can suspend your license to drive. You imply consent just by driving.
Answered on Apr 22nd, 2014 at 9:18 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't have to tell the officer anything. You can refuse the portable breath test (the small hand held device used in the field). You can also refuse the breath test at the station, HOWEVER, if you do refuse that breath test, the Department of Licensing WILL revoke your license for a minimum of one year, even if you were ultimately found "not guilty" of the DUI. Also, your refusal of that test can be used as evidence against you in a trial. If you have a DUI, you should have an attorney. These are complex cases and the sakes are high.
Answered on Apr 18th, 2014 at 6:16 PM
James Edward Smith
You don't have to admit anything but if you refuse the breathalyzer you lose your license and probably will get convicted of DUI.
Answered on Apr 18th, 2014 at 6:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally you do not have to say anything, but, at least in Michigan, if you have a drivers license you have impliedly consented to testing.
Answered on Apr 18th, 2014 at 6:15 PM
3 Awards
you can tell the cop that you invoke your right to remain silent and that you want a lawyer - then do not answer any questions about the facts of the case (but you can provide your name, DL, and other identifying info) be polite, but firm you do not have to take a portable breath test you do not have to submit to field sobriety tests if arrested for DUI or DWAI, you can refuse, choose blood or choose breath test, but if you refuse you can suffer DMV consequences and the fact of the refusal can used against you at trial In response to your DUI Post: I am a criminal defense attorney with more than 15 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Apr 18th, 2014 at 6:14 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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No. But driving after drinking isn't the crime. Driving with .08% or while impaired is the crime. You do NOT need to take the portable breath test and should not. Unless you are on probation or under 21.
Answered on Apr 18th, 2014 at 6:14 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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No, no one ever has to talk to the police or admit anything to the police. The Fifth Amendment protects everyone from that. You can refuse a roadside breathalyzer. It is a no point civil infraction and that cannot be held against you in your drunk driving case. Do not confuse that with the evidential breath test at the police station. If you refuse that, your license will be automatically suspended.
Answered on Apr 18th, 2014 at 6:14 PM