Any driver who refuses to take a breathalyzer test, will have blood drawn.
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05/22/2008 10:16 PM
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Yep, pretty much a standard thing in other states. Do the Breathalyzer, you get punished. Skip the breathalyzer, you automatically lose your license AND they draw blood AND they use your refusal as an excuse to push for more serious penalties. Most people do the PBT, because the first one is usually a slap on the wrist, and refusal is worse than the typical first time "settlement".
Problem is, a lot of first timers get multiples, simply because it's a slap on the wrist, and the following ones are much worse. And once you have one, it's a whole lot more difficult to say it's a goof up, a one-time deal, etc. On the other hand, avoiding the PBT at least offers your lawyer a chance that with the extra paperwork and time and so on, they can look for mistakes and other problems.
Honestly though, most of these things aren't even handled by judges anymore. In michigan, it's almost a rubber stamp deal these days, judges don't want to look like they're weak on drunk drivers to voters, there's a ton of money in it (your "fines" aren't what they say on the paper, there's almost always multiples of those costs spent on state mandated "recovery programs"), and the politicians want to make sure the judges aren't weak, so they close up the loopholes that might allow a judge to do their job.
So, if you're the kind of person that has to worry about this thing, it might not hurt to find a good lawyer ahead of time, ask them what you should do if it occurs, because you'll make their job a lot easier. Then don't get so sh--faced that you forget to follow their advice. Of course, it's always better to avoid the whole situation in the first place...
...make sure you have some dirt on your local prosecutor that will put them in prison for a long, long, long time...with plenty of proof. Because if they "accidentally" screw up your case, well, they deal with a lot of DUIs, it's bound to happen once in a while.
It's not that hard, prosecutors are politicians, they usually have a ton of skeletons hanging around. :)
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|1||Insanity from Illinois : refuse a breathalyzer test and get CHARGED WITH A FELONY!!||03/11/11|
|2||Anti-gun Missouri Dem. arrested with 9mm pistol, refuses breathalyzer test||10/22/14|
|3||SJC rules drunken drivers have no right to lawyer before Breathalyzer test||11/14/16|
|4||New Cannabis breathalyzer test is a billion times more sensitive than alcohol test and will tell cops if your stoned - LOL you are going to jail!||10/20/19|
|5||Report: Man Uses Raccoon To Start Breathalyzer Equipped Car; Raccoon Then Attacks Driver||10/01/15|