In Michigan, when a person is accused of intoxicating driving, one of the most important pieces of evidence in the case is the chemical test. This is to determine what was in their system and whether they meet the legal threshold for being intoxicated.
Even though the results are often the basis for the case, there are also requirements the law enforcement officer needs to follow. If they have made a mistake or failed in their duty, it could be a key part of an effective defense.
Law enforcement is required to advise drivers about chemical tests
Drivers are frequently uncertain of their rights and what they are obligated to do when they are being investigated for an OWI. Knowing what the officer is required to tell the driver beforehand is critical from the start.
The driver must be informed that after they have submitted to a blood, breath or chemical test, they still have the right to have a tester of their own choosing give a chemical test. This can be a vital part of the evidence because if there is a disparity between the officer’s test and the driver’s person doing the test, it could help the defense.
The test results will be admissible in the case and will take precedence over other forms of evidence. The driver will bear the responsibility of getting a chemical analysis of the test sample given at their request. When a driver refuses any of the tests as described, the officer cannot give the test without first getting a court order.
Some might be under the impression that part of their rights include saying they will not take the test. That is a mistake. They must take the test when asked to do so or face consequences for refusal. The driver’s license will be automatically suspended for refusing to submit to the test and they will receive six points on their driving record.
A defense against OWI includes questioning the testing procedures
There are many strategies that can be implemented when trying to forge a criminal defense after being charged with OWI. Part of that might include asserting that the officer did not adhere to the rules when explaining the testing procedures to the driver.
Since the driver’s blood alcohol concentration is so integral to a case, determining whether the officer made a mistake when explaining the driver’s rights and requirements for the tests can be useful. To consider this or other options when deciding on how to fight the charges, it is useful to have comprehensive advice from the start.