QUESTION
What can happen if I refuse a breathalyzer if I already passed the road side sobriety test?
Asked on Jun 24th, 2014 on DUI/DWI - Michigan
More details to this question:
What can happen if I refuse a breathalyzer? I thought I passed the road side sobriety test and thought by law I didn't need to take a breathalyzer. I never did get the results back from the blood draw they took on February 22. 2013. My attorney said he doesn't have them, the prosecutor never returned my call, I just sent a FOIA form to the police department requesting for my BAC results. Interesting enough, I was pulled over as a result of the street lamp being turned off. It was night time and very dark, as a result I began to turn the wrong way down a one-way street. I didn't even complete my turn and the blue and red lights came on, as a cop was parked right there. Interesting enough, I was warned a month earlier by someone who had had the same experience at the same intersection by the same police department. The street lamps are turned off at the one way street and a cop is sitting right there waiting, appears to be a set up if you ask us. Could there be a class action suite against the city or police department?
3 ANSWERS
To answer your final question first, a class action against the police department is not likely to be successful. Police have qualified governmental immunity and, further, are probably not even in charge of fixing street lamps. As to the breathalyzer, passing a field sobriety test does not free you from having to take a breath test. By acquiring a drivers license you are giving your implied consent to be tested to ensure that you are safe to drive a motor vehicle. Unfortunately, you are probably stuck with the results of the draw, and the consequences that may attach to such results. All of these points may be worth bringing up with your attorney, however.
Answered on Jun 26th, 2014 at 7:33 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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If you refuse a Breathalyzer, your license gets suspended, without exception. You can refuse it - you just lose your license. I do not buy that the lights being out is a conspiracy that justifies a class action and I don't believe you will find a lawyer who thinks that is a case.
Answered on Jun 26th, 2014 at 3:39 AM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
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No. There is no entrapment when it comes to drunk driving. You choose to drink and drive and if they have reason to pull you over, the case goes from there. Speak to your attorney about your defenses. The prosecutor will never call you back because you are represented.
Answered on Jun 25th, 2014 at 9:35 PM