Under MCL 257.625a persons arrested for crimes involving operating under the influence of alcohol or drugs, or other crimes described in MCL 257.625c(1) must be advised of certain rights before submitting to chemical testing. The person must be advised
- That if the person takes the chemical test requested by the arresting police officer, they have the right to demand that a person of their choosing administer an independent breath, blood or urine test.
- That the chemical test requested by the police officer is admissible in all judicial proceedings.
- That if the person chooses to have an independent chemical test they are solely responsible for obtaining that chemical analysis.
- That if the person refuses to take the test requested by the police officer they cannot be forced to take the requested test unless the police obtain a court order.
- That if the person refuses to take the requested chemical test the refusal will result in their driver’s license being suspended and 6 points put on their driving record.
If a person is not properly informed of these rights prior to taking a chemical test requested by a police officer the result could be suppression of the evidence obtained in the chemical test. It is very important to inform your lawyer of whether these rights were read to you before you submitted to a chemical test.
When a person refuses to take a chemical test requested by a police officer after they have been arrested and read their chemical test rights: in addition to the one year license suspension and 6 points added to the driving record, the refusal may be admitted into evidence at trial but will not go towards proof of guilt.