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  • DUI -No Chemical Test Rights

    If upon arrest and before and after breath test no chemical test right are given can the defendant get his or hers case dismissed ? State Of Michigan

  • #2
    I am going to assume this is your DWI or a friend of yours. My best advise is to contact a lawyer and ask.

    Comment


    • #3
      It's called IMPLIED CONSENT

      Hit the link and read it over before you plead guilty...THEN PLEAD GUILTY!!!

      Here you go...Now do your own research next time.


      Michigan's "Implied Consent Law"
      "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm" -George Orwell

      "It's 106 miles to Chicago, we've got a full tank of gas, half a pack of cigarettes, it's dark, and we're wearing diapers." - Blues Brothers

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      • #4
        Originally posted by grumpyirishman
        Hit the link and read it over before you plead guilty...THEN PLEAD GUILTY!!!

        Here you go...Now do your own research next time.


        Michigan's "Implied Consent Law"
        Officers did not read me the implied consent or the chemical test rights.
        They just administered the breath test and id not give me the results. The results were given, verbally by the jail attendant 5 hrs later.

        Comment


        • #5
          hlewis8
          Check your email. I replied to your email explanation.
          I doubt that anything from this forum would help at this point, since what you need is an attorney, not a police officer. Good Luck.
          "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm" -George Orwell

          "It's 106 miles to Chicago, we've got a full tank of gas, half a pack of cigarettes, it's dark, and we're wearing diapers." - Blues Brothers

          Comment


          • #6
            Here in Michigan, failure to take any kind of alcohol test, is an automatic 6 month suspended lisence. It's automatic right through the Secratary of State, no judge, no jury. You'll just get a letter in the mail.
            "I'm the man who invented the wheel, and built the Eiffle Tower out of metal and brawn, that's what kind of man I am. You? You're just a women with a small brain." -Ron Burgundy

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            • #7
              Right-o. Here the penalty for refusal vs drunk driving is the same and I have to prove virtually nothing on the refusal. It also holds the same penalty as being double the limit.

              If you were given the paperwork 5 hours later in jail I'd say nothing wrong was done here. You still remained in custody and if they felt at the time you were too drunk to understand the circumstances, they will issue near/upon release so they know you understand what is going on.

              Comment


              • #8

                Here in VA, refusal to take an Intoxylizer (or similar device used for a breath test) is a separate offense. Best to get a lawyer who specializes in this area. Each state has different rules for these things.

                The comments above reflect my personal opinion as a private citizen, ordinary motorist and all-around good guy.

                The aforementioned advice should not be construed to represent any type of professional opinion, legal counsel or other type of instruction with regard to traffic laws, judicial proceedings or official agency policy.

                ------------------------------------------------

                "Ignorance on fire is hotter than knowledge on ice."

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                • #9
                  Not trying to be a jerk, but are you sure your version of what happened at the station that night is what really happened? I mean, are you remembering circumstances now that you experienced in a drunken state? You would be surprised at what you think you remember and what actually happened. I agree with the others, you need a lawyer not a cop. What did you blow by the way?
                  John 3:16

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                  • #10
                    You don't have to be read Implied Consent. You only have to be read implied consent if you refuse. You get your "Chemical test rights" every time you look at your license. You have two options. Get a lawyer and be found guilty, or save some money and plead no contest.

                    Comment


                    • #11
                      When you signed your license you agreed to take a chemical test when one was offered by a police officer. You also agreed to follow even the most simple traffic law, like speed or stop all the fricken way at the big red sign!

                      Thats the "Implied Consent".

                      What was your BAC? At a .07 I cant remember anything the next day and thats not even OWI in MI, def imapired though!
                      It takes a Wolf.......

                      Comment


                      • #12
                        Originally posted by Irishluck31 View Post
                        When you signed your license you agreed to take a chemical test when one was offered by a police officer. You also agreed to follow even the most simple traffic law, like speed or stop all the fricken way at the big red sign!

                        Thats the "Implied Consent".

                        What was your BAC? At a .07 I cant remember anything the next day and thats not even OWI in MI, def imapired though!
                        Considering the name... you should be ashamed!!! I kid I kid.

                        Comment


                        • #13
                          You were drunk. You drove. Now you lose.

                          The way I understand it: If you are not read implied consent and you refuse, you license can not be suspended because you were not advised of your rights. That's all. I don't think it has anything to do with the criminal aspect of the case.

                          Comment


                          • #14
                            Originally posted by hlewis8 View Post
                            Officers did not read me the implied consent or the chemical test rights.
                            They just administered the breath test and id not give me the results. The results were given, verbally by the jail attendant 5 hrs later.
                            Your were just too drunk to remember. Even if the case is dismissed you will still lose because lawyers are not cheap. $5000 retainer could have got you a nice limo for the ride home.
                            Prov 17:17 A friend loveth at all times, and a brother is born for adversity.

                            Comment


                            • #15
                              Originally posted by pujolsfan146 View Post
                              $5000 retainer could have got you a nice limo for the ride home.
                              There's a guy here that officers on my unit have arrested 3 times in the last 2 or so years for DWI. The lawyer that he hires has a $5000 retainer and it goes up to $10k if he takes it to a jury trial. He was popped a while back for driving on a suspended license. I ran into him (I was one of the officers that popped him for DWI) at the processing center and started talking to him. Nice guy, has a drinking problem, but even though I arrested him, we were still able to have an amicable conversation. I asked him how much he had spent over the last couple years on his attorney. It was somewhere around $15k-$20k. I then asked him how many cab rides he could have taken from his house to the bars for $15k-$20k........cricket, cricket, cricket........no response.

                              Comment

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