Michigan OWI Breath Test and Blood Tests

We’re back with my guest drunk driving defense attorney Patrick Barone.  Patrick, during the break you were talking  about the difference between the test at the roadside and the test at the police station after someone is arrested.  Why don’t you explain the differences and what is important to know for our viewers?

Ok.  The roadside breath test is a handheld device that’s about the size of a cigarette pack.  The police officer wants you to blow into that because regardless of what they may be thinking, which is that you’re a drunk driver, they are really going to rely on the number.  If you blow at the roadside below the legal limit, they may let you go.  They may let you go.  They don’t have to, but they may.  On the other hand if you blow above the legal limit, that will justify the arrest legally in the state of Michigan.  They know at that point once you have blown in the machine that you can’t  go in the court and say that you were unlawfully arrested.  You can refuse that and the only result of that is a fine.  On the other hand at the station it’s about the size of a large type writer. 

It’s a much larger machine that uses a different type of technology and is more reliable, although there are some reliability problems with that machine as well.  If you refused to blow into that machine the law in Michigan says that your license will be suspended for 1 year with no driving for that 1 year and 6 points will be added to your driver’s license.  In most instances, you are better off taking the one at the station.  If you refuse that one not only do you face those sanctions and that 1 year license loss, but you are also probably will end up having your blood drawn at the hospital. 

Now can they order your blood to be drawn?

Absolutely.  What will happen is the way the system works in Michigan is there will be a Judge on call.  The police officer will be able to fill out a form and actually fax it to the Judges home.  The Judge will wake up and review it and will make sure that it’s ok, sign it, fax it back to the police station or the hospital.  Then they will present that to the hospital personnel and they will forcefully draw your blood.

Patrick, what if you refuse to take that second test?

Well, once a warrant has been obtained, you can’t refuse that.  If you refuse it you’re facing being charged with a felony for resisting and obstructing.  In a certain case in the state of Michigan, the person simply said no to the police officer’s request after there was a warrant.  That was enough.  The person didn’t resist, the person didn’t use any strong language, and all they said was no.  That person was charged with a felony. 

There was also another case in Michigan where the police used force to obtain blood.  They actually used what are called “Do Right” sticks.  This is almost like a martial arts technique where they take these sticks and they wrap them around pressure points and they exert pressure until you comply.  That was found to be lawful in the state of Michigan.  You both are facing an additional felony charge as well as having blood drawn by force.

Need Free Legal Advice?
Call or Submit Your Case Online 24-Hours A Day
(248) 306-9158