Charged After Refusing a Chemical Test

Forrester Law defends clients facing refusal-based DUI allegations in Grosse Ile, Michigan.

If you refused a breath or blood test during a DUI stop in Grosse Ile, you now face both criminal charges and administrative penalties under Michigan's implied consent law. Refusal can lead to an automatic license suspension, even if the underlying DUI charge is never proven. Forrester Law reviews your case to determine whether the officer properly requested the test, whether you were informed of the consequences, and whether the refusal itself was lawful.

Your attorney will examine the circumstances surrounding the stop and the request for testing. This includes whether the officer had probable cause to arrest you, whether the testing request was made according to legal standards, and whether your rights were violated at any point during the process. Many refusal cases involve confusion, miscommunication, or procedural errors that can affect both the criminal case and the DMV hearing.

If you need legal representation after refusing a chemical test in Grosse Ile, contact Forrester Law to discuss your options and next steps.

What Happens After You Refuse Testing

When you refuse a breath or blood test, the state initiates two separate proceedings: a criminal case based on the DUI charge and an administrative action to suspend your driver's license. Forrester Law represents you in both. In Grosse Ile, your attorney will request documentation from the traffic stop, including audio and video recordings, to verify that the officer followed the correct procedure when requesting the test.

You will receive notice of a refusal hearing, where the state must prove that the officer had probable cause to arrest you and that you were properly informed of the consequences of refusing. If the officer failed to follow the required steps or if your arrest was not supported by probable cause, your attorney can challenge the suspension. Winning this hearing can prevent or reduce the length of your license suspension.

Your attorney will also assess whether your refusal can be used against you in the criminal case and what defenses apply. The refusal itself does not prove guilt, but prosecutors often use it to suggest consciousness of guilt. Forrester Law builds a defense that addresses both the refusal and the underlying DUI allegation.

Most people are unclear about what refusal means legally

Refusal cases bring up specific questions about what you are required to do, what the consequences actually are, and how the refusal affects your ability to defend against the DUI charge itself.

Forrester Law has represented clients in Grosse Ile facing both criminal DUI charges and administrative refusal penalties, often resolving issues that others assume are automatic. If you refused testing and need representation, reach out to review your case and start building your defense.

What is implied consent and why does it matter?
Implied consent means that by driving in Michigan, you agreed to submit to chemical testing if lawfully arrested for DUI. Refusal triggers an automatic license suspension separate from any criminal conviction.
How does Forrester Law challenge a refusal suspension?
Your attorney requests a hearing and challenges whether the officer had probable cause to arrest you and whether you were properly advised of the consequences. If the state cannot prove both, the suspension may be overturned.
Can the refusal be used against me in court?
Prosecutors may try to introduce your refusal as evidence of guilt. Your attorney can argue that refusal does not prove impairment and may have resulted from confusion, fear, or a legitimate legal objection.
What are the penalties for refusing a test in Michigan?
A first refusal results in a one-year license suspension and six points on your driving record. Subsequent refusals carry longer suspensions and increased penalties, regardless of whether you are convicted of DUI.
What happens if I lose the refusal hearing?
You may still be able to obtain a restricted license depending on your driving history and compliance with other requirements. Your attorney will guide you through that process and continue defending the criminal charge.