After being arrested for an OWI, an Individual will be asked to undergo a more extensive chemical test to determine blood alcohol content. Usually, the police will conduct either a blood draw or use a more precise breathalyzer called the “Data Master”. Usually, only one of these two potions is given.
According to the National Highway Traffic Safety Administration (NHTSA), in 2020, 11,654 people died in alcohol-impaired driving traffic deaths, a 14% increase from 2019. Additionally, NHTSA studies have found that even one drink can start to impair your driving skills. For these reasons, police and prosecutors are working very hard to crack down on drunk driving and get any drivers under suspicion of drunk driving to submit to a more precise BAC test.
Many people often wonder if they have the right to refuse a “Data Master” or blood draw test. However, when you sign driver’s license documents at the Secretary of State’s office, to get your driver’s license, you are also signing to give consent in advance for any of these tests should the police request them with “reasonable cause”. Because of this, if you refuse any of these tests, you could face penalties such as:
- 6 points added to your driving record
- Driver’s license suspension for up to 1 year
Additionally, if an individual refuses a blood test or data master for a second time, their Driver’s license can be suspended for 2 years.
However, if you refused and you believe that there was not a “reasonable cause”, or the police errored in some way and the tests being administered were not legal, you have 14 days to file an appeal with the Michigan Secretary of State’s office. An appeal can be filed using a DI-93 form.
Here is a link to the DI-93 form: DI-93 FORM
It is also important to note that the police can get a warrant from a judge for these test results which would allow the police to force you to submit to these tests against your will.
If you or someone you know is dealing with circumstances related to Data Master or Blood draw Refusal, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Police and prosecutors will be working swiftly to build a compelling case against you. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.