An overlooked challenge to breath and blood testing in Oakland County is the argument that the defendant's chemical test rights were not properly read to them prior to the taking of the alcohol test. In Michigan, MCL 257.625c, the Implied Consent Statute, requires that a person take an alcohol test if they are suspected of drinking and driving. If they refuse, then the Secretary of State will suspend their license for a whole year. In order for this process to happen, the officer must read the suspect their "chemical test rights." The form read by the officer basically discusses the various rights and consequences that a person has in deciding whether to take the test. These rights are very important as by agreeing to taking a test, the suspect give sup their constitutional 4th amendment right to privacy. On the other hand, if refused, then the suspect's license is ultimately suspended.
Many times officers fail to read the rights at all to the suspects, other times the rights are read at the improper time. If the chemical test rights are improperly discussed with the suspect, then there is a very good argument to have the subsequent alcohol test suppressed. In order to determine whether this has happened, a good Oakland County drunk driving lawyer will obtain the various videos, such as the squad car and breath test room videos, which many times will show what really happened.
We have been successful in arguing these types of motions with situations that include everything from clients who don't speak english, to clients who were improperly read the rights.