Legal Question in Criminal Law in Michigan
Refusing a Breathalyzer
If I am underage with a clear record and have been drinking when the cops come, is it smarter to refuse a Breathalyzer or just take it? Also, what kind of trouble would I be facing by refusing it?
Asked on 9/24/07, 6:55 pm
1 Answer from Attorneys
William Morrison
Action Defense Center
Re: Refusing a Breathalyzer
When the officer makes the request, I would politely refuse. If you've been drinking and take the test, you'll be guilty of a misdemeanor.
The MIP law states:
A minor who refuses to submit to a preliminary chemical breath test analysis as required in this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.
I'd risk the civil infraction. Civil infractions are not crimes.
Answered on 9/24/07, 11:46 pm
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