Driving Under The Influence/ Forcing A Blood Test

[jacklash69]

What would be the right move if the cop thinks you are high,even if you had only smoked the night before,8 hrs ago,? Do you refuse the blood test and make them get a warrant to draw your blood? Need some. input Thanks everyone

[Bisharoo]

Dr. Tarzan I believe had some experience with this a while back. He and others had some good advice then and I am sure they will again.

[Bisharoo]

This has been posted before in pieces but this is a nice compilation of studies about cannabis and driving. This will not help you if you are arrested but it should matter. Millions of people worldwide drive safely, period. Good luck if you should ever be threatened by tyrannical oppressors trying to see how "high" you are, even though many of them take more dangerous drugs and go to work every day.

 

 

 

http://www.cannabisculture.com/articles/4131.html

[dmac]

When you get a driver's license in Michigan you agree to the "implied consent" clause which means you agree to submit to a breath, blood or urine test upon the lawful request of an officer. If the officer can articulate clearly the reasons why he feels such a test is appropriate you are subject to taking the test. You have the right to refuse the test but your refusal will result in your license being immediately suspended, plus the officer will then just go get a warrant any way and get what he/she wants. It's your choice. If you don't like that choice then don't get a license and don't drive. Sorry, but that's just the way it is.

[DenturesLost]

When you get a driver's license in Michigan you agree to the "implied consent" clause which means you agree to submit to a breath, blood or urine test upon the lawful request of an officer. If the officer can articulate clearly the reasons why he feels such a test is appropriate you are subject to taking the test. You have the right to refuse the test but your refusal will result in your license being immediately suspended, plus the officer will then just go get a warrant any way and get what he/she wants. It's your choice. If you don't like that choice then don't get a license and don't drive. Sorry, but that's just the way it is.

Close, but not quite.

If you refuse a breathalyzer you can only be fined. No license suspension or other sanctions.

If you refuse the datamaster then you can have your license suspended.

They can only take blood with a warrant. If you attempt to refuse a blood test they will force you to take it even if that means restraints. Also, if you refuse the blood test after a warrant you can be charged with felony r&o.

And if you are refusing any of the tests because you think that it will buy you more time to sober up, think again. The prosecutor will use a mathmatical formula to predict your BAC at the time of refusal based on your BAC at the time of a test and the amount of time between the refusal and the test.

Basically it cannot help you to refuse.

 

*edit* I wrote that they can only take your blood with a warrant. I got ahead of myself. I was meaning to describe the consequences of refusal of a blood test in the face of a warrant. There are times when blood can be taken without a warrant but generally it means you have to have been arrested first.

[mibrains]

Close, but not quite.

If you refuse a Breathalyzer you can only be fined. No license suspension or other sanctions.

If you refuse the datamaster then you can have your license suspended.

They can only take blood with a warrant. If you attempt to refuse a blood test they will force you to take it even if that means restraints. Also, if you refuse the blood test after a warrant you can be charged with felony r&o.

And if you are refusing any of the tests because you think that it will buy you more time to sober up, think again. The prosecutor will use a mathmatical formula to predict your BAC at the time of refusal based on your BAC at the time of a test and the amount of time between the refusal and the test.

Basically it cannot help you to refuse.

 

absolutly..well said

but a point of clarity perhaps..

refuse a test/search right up to the warrant. never ever consent to any test/search without a properly executed warrant. period. it can not help u. ever. all searches are being implemented to find evidence to use against u. do not give them ammo.

make them prove to a judge they have a reason to ask u and get the warrant.

a good lawyer will tell u without a "baseline" study of your specific metabolic rate a THC conviction based on blood level content can't be enforced.

there are no published studies that directly show a persons "tolerance"

i do NOT i say again NOT condone operating under the influence of any mind altering products, but if u are confronted....shut up. don't consent...dont argue...hire a lawyer if u need to...and FIGHT all the way to the top if u have to no matter what level of alertness u r under.

Just MHO

take it or leave it...

peace

[lawyercaregiver]

Yes this also caught my eye.

 

You cannot refuse a breathalyzer because of implied consent- you will automatically lose your license for 6-months.

 

A blood test takes a warrant and I would sure as hell make them get a warrant before they strapped me down and took my blood.

 

Problem is they could take you to jail and hold you for several days on "suspicion" or whatever while they get the warrant. Catch-22.

 

Most likely they will take you into custody for a few hours, or even minutes before they get the warrant for your blood but I would NEVER consent to a blood test.

 

IMHO: I would rather go to jail for a day or 2 and then be released without charges than get convicted- or spend the money on lawyer for a trial.

[DenturesLost]

Yes this also caught my eye.

 

You cannot refuse a breathalyzer because of implied consent- you will automatically lose your license for 6-months.

 

A blood test takes a warrant and I would sure as hell make them get a warrant before they strapped me down and took my blood.

 

Problem is they could take you to jail and hold you for several days on "suspicion" or whatever while they get the warrant. Catch-22.

 

Most likely they will take you into custody for a few hours, or even minutes before they get the warrant for your blood but I would NEVER consent to a blood test.

 

IMHO: I would rather go to jail for a day or 2 and then be released without charges than get convicted- or spend the money on lawyer for a trial.

That's not true. A breathalyzer or PBT (preliminary breath test) can be given at the scene but your refusal will NOT result in license suspension. Will NOT. What it WILL result in is a fine. Maybe $200.

 

You CANNOT refuse the datamaster test at the station without a license suspension. The datamaster uses different technology than the PBT breathalyzer (just a point of info).

 

If they need to get a warrant for the blood test it will likely be ready by the time they get you to the hospital for a blood draw. It's a very fast procedure and is designed to be that way. The judge will use a fax machine from home.

 

Yes, you can be held up to 48 hours without being charged but let's say they did that to get a warrant. By the time they drew your blood you'd be sober. There would be no point.

[Royal Smoke]

You CANNOT refuse the datamaster test at the station without a license suspension. The datamaster uses different technology than the PBT breathalyzer (just a point of info).

 

 

Are you sure you're from Michigan? Refusing a breathalyzer in Michigan is an automatic 6 months suspension.

 

If you are using the datamaster, unfortunately, you are already detained....

[DenturesLost]

Are you sure you're from Michigan? Refusing a breathalyzer in Michigan is an automatic 6 months suspension.

 

If you are using the datamaster, unfortunately, you are already detained....

I wasn't sure so I just cheked my driver's license. Apparently I AM from Michigan. As if that makes a difference....

 

I'm right, you're wrong.

[Royal Smoke]

I concede......

 

The way they say it when you're pulled over is definitely misleading.....

 

http://www.michigan.gov/sos/0,1607,7-127-1627_8665_9070-24488--,00.html

 

Preliminary Breath Test

 

When stopped by a law enforcement officer for suspicion of driving while intoxicated, you may be asked to take sobriety tests including a Preliminary Breath Test (PBT) at the roadside to determine whether you are under the influence of alcohol. If you refuse to take the PBT, you will be charged with a civil infraction and fined up to $150 plus court costs. Persons under age 21 who refuse to take the PBT will receive two points on their driver record. Even if you take the PBT, you must still take the evidentiary chemical test (blood, breath, or urine test).

 

Michigan's Implied Consent Law

 

If arrested, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license will be suspended for one year. Please be aware that suspension of a license is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license will be suspended for two years. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, the officer will destroy your driver license, and you will be issued a 625g paper permit on which to drive until your case is resolved in court. There are no hardship appeals for a restricted license the second time you refuse.

[Royal Smoke]

However, the catch is that if you don't agree to the PBT, then they charge you and bring you in to use the DataMaster in which you have no choice.

[DenturesLost]

I concede......

 

The way they say it when you're pulled over is definitely misleading.....

 

I agree with you. It is misleading. So much so that many LAWYERS in the state don't even know.

 

I would point out, by way of information, that a PBT is used to develop the necessary probable cause to arrest. At the point of administration of a PBT the cop doesn't necessarily have PC yet just reasonable suspicion. The datamaster test is used after arrest so after PC has already been established. That's why its refusal carries more penalties. The datamaster is also more accurate and its result is generally what is used in court. A PBT result can be taken apart by a defense atty due to its level of accuracy.

 

With all that said it is useful to note that field sobriety test, being somewhat subjective, can create the necessary PC for arrest. So refusing a PBT won't likely prevent arrest. I think that a cop is more likely to want to fabricate a failed field sobriety test if you refuse the PBT. In other words if they want to arrest you they probably will so refusing the PBT could result in doing nothing but adding to the fines you end up paying. Furthermore, a PBT could actually PREVENT an arrest if you are normally a shaky person or whatever and easily fail field tests even if sober. If you blow a .00 on a PBT I would be willing to bet the cops lets you go which can save you hassle.

[Royal Smoke]

I concede......

 

I concede my concession...... LOL I don't know anymore.....

 

Just found this here at the bottom of the page:

http://www.michigan.gov/sos/0,1607,7-127-1640_9150-76571--,00.html

 

 

 

"Other penalties have also been increased. Anyone who refuses a breath test the first time is given a one-year driver’s license suspension. The penalty had been a six-month license suspension. For a second refusal in seven years, it is a two-year suspension."

 

They might be referring to what you said earlier though, the DataMaster....

[DenturesLost]

However, the catch is that if you don't agree to the PBT, then they charge you and bring you in to use the DataMaster in which you have no choice.

Well, that's not an IF, THEN sort of thing. Refusing a PBT cannot, standing alone, create probable cause for arrest. But, as I state in the post above I think the reality of the situation is that PC would be invented by most cops.

[Homes Labs]

Now thats a banter! Great info, thank you both!

[LITLJON]

What would be the right move if the cop thinks you are high,even if you had only smoked the night before,8 hrs ago,? Do you refuse the blood test and make them get a warrant to draw your blood? Need some. input Thanks everyone

I thought JACK was refering THC not ALCOHOL. How does a PBT have any thing to do with the question this person has asked. I wish I had answer to that as well. I don't drive but if they want to violate my body in any way shape or form they will need a warrant. I dont care if I am under arrest or not, stick some thing in me without my consent I DON'T THINK SO.

[lawyercaregiver]

That's not true. A breathalyzer or PBT (preliminary breath test) can be given at the scene but your refusal will NOT result in license suspension. Will NOT. What it WILL result in is a fine. Maybe $200.

 

You CANNOT refuse the datamaster test at the station without a license suspension. The datamaster uses different technology than the PBT breathalyzer (just a point of info).

 

If they need to get a warrant for the blood test it will likely be ready by the time they get you to the hospital for a blood draw. It's a very fast procedure and is designed to be that way.

 

:goodjob:

 

Thanks for the correction.