Chemical Rights

The police officer must inform you of your chemical rights prior to administering a chemical test in order to determine the presence of a controlled substance in your body. The chemical rights come off a form used by the police officer which he will check off or date at the time he reads you this information. The information is as follows:

"IF YOU WERE ASKED TO TAKE A PRELIMINARY BREATH TEST PRIOR TO YOUR ARREST, YOU MUST STILL TAKE THE TEST I AM ABOUT TO OFFER YOU. If you refuse to take this chemical test, it will not be given without a court order but I may seek to obtain such a court order. Your refusal to take this test shall result in the suspension of your operators or chauffeurs licenses and vehicle group designation or operating privilege, and the addition of six points to your driving record. After taking my chemical test you have a right to demand that a person of your own choosing administer a breath, blood or urine test. You will be given a reasonable opportunity for such a test. You are responsible for obtaining a chemical analysis of a test sample taken by a person of your own choosing. The results of both chemical tests shall be admissible in a judicial proceeding, and will be considered with other competent evidence in determining your innocence or guilt."

In most cases if you refuse the chemical test offered by the police officer, they will request a search warrant for the drawing of blood. Often times this is done by calling the Judge at his home and faxing a copy of an affidavit to the Judge that is reviewed and signed if the Judge believes that the affidavit contains probable cause for the search warrant. Although the blood is drawn, you may later contest the validity of blood drawn in an effort to suppress the results of that test but you are limited to certain issues.

The hearing will be recorded and will be limited to the following issues as set forth in section 625f of the Michigan Vehicle Code:

  • Whether the peace officer had reasonable grounds to believe that petitioner committed a crime described in section 625c (1) of the Michigan Vehicle Code.
  • Whether petitioner was placed under arrest for a crime described in section 625c (1) of the Michigan Vehicle Code.
  • Whether petitioner reasonably refused to submit to the chemical test upon the request of the officer.
  • Whether petitioner was advised of the chemical test rights under section 625a (6) of the Michigan Vehicle Code.
  • The Drivers License Appeal Division hearing is a hearing that is done at an office of the Secretary of State and is administrative in nature. This means that essentially, the rules of evidence are somewhat relaxed and the setting is less formal than a normal Courtroom. At this hearing, the police officer has the burden to go forward and establish the four issues set forth above. However, this hearing is not complicated for the officer and is generally a matter of routine performance of his duties in a drunk driving arrest. Consequently, in these hearings it is often difficult for the defendant to prevail.