Getting pulled over in the state of Michigan is not exactly what you want. It is a very strict state when it comes to the laws on driving under the influence. The state is known for having specific motor vehicle laws that its citizens and anybody passing by the state of Michigan should comply with.
In the first part of this series, we have discussed Breathalyzer Tests In Michigan and Your Rights. We have answered some of the commonly asked questions about the breathalyzer test in Michigan and your rights relating to whether or not a police officer can force you to take the breathalyzer tests and how you can fight for your rights.
Here at Haque Legal, our goal is to make sure that you know your rights at all times. In a lot of the cases that we have handled regarding the breathalyzer test in Michigan, we have noticed that there are a couple of questions that are commonly asked by the clients and we want to address them all. Let us begin.
What happens when I want to take the test?
Since we have already discussed the consequences of refusing to take a breathalyzer test in Michigan, let us now discuss the effects of accepting the challenge. What should you expect?
It is not uncommon for a lot of people to think that the single breathalyzer test is what the police officers used as the basis for them to be arrested for a potential DUI. However, many people do not realize that before even offering for the person to take the breathalyzer test the police officer will also conduct different tests to ascertain whether or not the person is driving under the influence.
There is the field sobriety test and the initial preliminary breath test (PBT) conducted by the police officers upon getting pulled over.
Can I refuse to take the initial tests?
Yes, you can always refuse to take even the initial tests that are being conducted by the police officers. You are always well within your rights to refuse any kind of test that includes any positive act relating to your body.
What are the limits of a field sobriety test?
A field sobriety test is a test that you are required to take initiative if the police officer is under the suspicion that you are driving under the influence. Field sobriety tests are standardized tests and should comply with the requirements that have been set and the procedures relating to the protocol set by law enforcement.
Things to Remember When Subjected to a Field Sobriety Test
If you are being subjected to a field sobriety test and you do not want to refuse just seeing the whole conversation would already end there are a couple of things that you should remember.
First, if you are uncomfortable at any given moment you could put an end to the field sobriety tests and call your lawyer to help you handle the situation. If you have the presence of mind to do this it is clear that you are not hammered or too drunk to be driving.
The next step that you can take is to keep in mind that a field sobriety test is a method of gathering evidence. It is not on your side and you should never consider it as a simple test. Keep in mind that the field sobriety test will be used against you in a court of law if you are unable to prove that you are not drunk at the time of the test.
At any given moment while the test is being conducted the police officer is not at all allowed to touch you. This is an important fact that you should always remember.
What are the tests that are involved in the field sobriety test?
Many different tests are involved in a standard field sobriety test. The police officer has their scoring sheet that you need to pass for you to be out and about and continue driving.
Preliminary Breath Test
The preliminary breath test is the initial breathalyzer that the person suspected of driving under the influence is required to blow into. This breathalyzer gives the police officer an idea of how drunk a person is as well as the specific alcohol level that he has.
In the State of Michigan, the legal limit is 0.08 which means that if a person is suspected of being drunk and reaches beyond 0.08, that person is expected to be taken under custody by the police.
Horizontal Gaze Nystagmus Test (HGN)
The Horizontal Gaze Nystagmus Test (HGN) is a test of observation. Here the police officer would simply look at the person suspected of being drunk and measure the level of potential impairment. This would include flashing lights on the person as well as the requirement that he should follow a pen or an object.
A person who is too drunk will not be able to pass this test.
Other field sobriety tests will be discussed in the next article of this series.
Let Haque Legal Help You With OWI Charge
Now that you know some facts about dealing with getting pulled over in Michigan it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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