If You are Pulled Over and Arrested
If you fail a road side breath test, a Police Officer will have Probable Cause to arrest you for Drunk Driving. You will be handcuffed, placed in the rear of the Police Cruiser, and transported to jail. Depending on the Officer and the City in which you are arrested, someone may be allowed to drive the car home for you or it could be towed to the impound lot.
At the Police Station, you will be asked to take a DataMaster breath test to accurately determine your Blood Alcohol Content (BAC). The results of the breath test you took when you were pulled over, are not admissible in Court. DataMaster results are. If you refuse to take the DataMaster, the Officer will phone the Magistrate on call, get a warrant, and transport you to the hospital where they will draw blood to determine your BAC. And, because you refused, you driver's license will be suspended for a year.
You will get released from jail after your BAC falls below the legal limit of .08. The amount of alcohol your body can process is about .005 per hour so if you blow .15 on the DataMaster, you will get out jail in about 14 hours or so. Typically, you will have to post a couple hundred dollars bond but that will depend on your BAC, past alcohol and driving convictions, and how nice you are to the cops who have had to deal with you and whether you vomited in the back seat of their police car.
Even if You are Drunk, Be a Nice Drunk
The cop has a lot of say on how you will be treated by the Prosecutor. If this is a first time offense and the evidence against you is not open to question, then you want the Prosecutor to give you the best possible deal. While it is the Prosecutor's decision on whether it is an impaired or not, he will generally look to the officer before agreeing to anything less than the original charge. So even though your drunk, you want the cop to think you were a nice and happy drunk.
Whether it is representation in a legal matter or just some legal advice, Schmierlaw can help. We specialize in Criminal and Drunk Driving Defense and can help you with any sort of legal issue which may arise including Felonies or Misdemeanors, Drunk Driving, Traffic Tickets, Juvenile Offenses, or any other legal concern which you may have.
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: firstname.lastname@example.org