Is It Legal For The Police To Forcibly Take A Blood Test If I Refuse The Chemical Or Breath Tests?
- If you refuse to take a blood test or a breathalyzer at the police station, they can easily obtain a warrant for the same. While there are many circumstances where you should refuse something like a roadside PBT, there are very few circumstances where it makes sense to refuse blood or breath tests at the station, because they can compel them with a warrant quite easily.
If you refuse to take a blood test at the station, the police will get a search warrant. This is a relatively easy process for the police.
They call an on-duty prosecutor and will explain the situation. They will read them the application for the search warrant, including the sworn affidavit attested to by the police officer. The prosecutor will tell them if it sounds legally sufficient, and then either the police officer or the prosecutor, sometimes both, will then call an on-duty magistrate or Judge asking for the search warrant. The search warrant will be granted, usually over the phone, and issued.
Once they have the search warrant, they drive you to the hospital, and they have a nurse draw blood. It’s a pretty straight-forward process. Therefore, while the decision to take a PBT is not a straightforward one and frequently you’re better off not taking a PBT at the scene while being investigated for a potential drunk driving charge, the decision to take the Data Master Breathalyzer at the police station is a fairly straightforward one. There are very few circumstances where you are better off turning down a Data Master Breathalyzer and not taking it.
They’re going to get the search warrant, they’re going to get your blood, and they’re going to get your blood alcohol level anyway, so it just makes that much more sense for you to just take the police station Data Master Breathalyzer.
For more information on OWI Law in Michigan, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.