Being charged with Operating While Intoxicated carries its own set of complications. One major possible complication comes when you refuse to take a Datamaster at the police station. This refusal can result in your license being suspended for an entire year. This is a situation that people find themselves in all too often, and, it was the situation my client found herself in recently.
She was stopped in the City of Berkley and given a ticket for OWI and, for good measure, speeding. Unfortunately, when she arrived at the police station she refused to take the Datamaster test. The Datamaster is the chemical test that measures your blood alcohol level (BAC). The results from the Datamaster are used in determining how you will be charged. The officer read my client her Datamaster rights before offering her the test. She, not knowing if/how the test would be used, refused the test.
Ultimately an ambulance was called and her blood was drawn and it was determined that she was over the legal limit. But as a result of the refused Datamaster she faced the automatic 1 year suspension of her driver’s license. To put it in perspective, had she been convicted of the OWI, she would only face an automatic 30 day suspension. Thankfully, not only was I able to convince the prosecutor to reduce the OWI charge to Operating While Visibly Impaired, but I also convinced the police officer to drop the Implied Consent complaint, thereby allowing the client to avoid the one year suspension.
Drinking and driving offenses are some of the most basic offenses, but if handled incorrectly, they can have some of the most serious consequences. If you’ve been charged with a drinking and driving offense contact Chris Kessel today at (313) 556-2300.