Michigan MIP Defenses

Even though People v. Chowdhury was decided in late 2009, the police are still not getting clear and unequivocal consent to take a PBT test. In Kalamazoo, the police are being encouraged to wear their microphones to tape the consent question and some are using a consent form. You need to be aware that there is NO penalty for refusing this test. They would have to get a warrant to get your sample and everyone else ticketed. You also do not need to speak with the police other than to give them your identification. Remember this when you are out and about as school is starting soon believe it or not.