Gould City, MI asked in DUI / DWI for Michigan

Q: Do you have a right to refuse a field sobriety test?

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2 Lawyer Answers

Adam Alexander

  • DUI & DWI Lawyer
  • Southfield, MI
  • Licensed in Michigan

A: The short answer is that it is NOT unlawful to refuse field sobriety test in Michigan. But the real question is: "should you refuse a field sobriety test"? The answer to this question is complex and depends on multiple factors. If you've already refused to take a FST and you are looking for legal guidance, I urge you to contact an experienced criminal defense lawyer in Michigan. In sum, if you refused to take the FST, there is some case law that suggests a jury could consider your refusal in determining your guilt.

Derrick E. George

  • DUI & DWI Lawyer
  • Royal Oak, MI
  • Licensed in Michigan

A: Yes you have the right to refuse the Feild Sobriety Test. However, at the Law Offices of Derrick E George PC we do not recommend refusing as you face a hard 1 year license suspension for failure to comply. Regardless, the officer can draw blood and get results that way after obtaining a warrant in most circumstances.

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