Being pulled over for suspected drunk driving in Michigan is stressful—and many drivers wonder if they can say no to a breath test. So, can you legally refuse a breathalyzer in Michigan?
Yes, you can refuse a breathalyzer test in Michigan, but refusal of the chemical test triggers license suspension, points, and penalties under the Implied Consent Law.
As a former prosecutor and seasoned Michigan OWI defense attorney, I’ve helped hundreds of drivers fight breath test refusals and protect their records. In this article, I’ll cover everything you need to know.
What Are Michigan’s Breathalyzer Laws?
Michigan law separates breathalyzer tests into two categories: the Preliminary Breath Test (PBT) and the Chemical Breath Test. Each has distinct rules and consequences.
What Is a Preliminary Breath Test (PBT)?
A roadside PBT in Michigan is a preliminary breath test that officers use during traffic stops to establish probable cause for OWI arrests.
A PBT is conducted at the roadside, often during a traffic stop, to establish probable cause for an OWI arrest.
- Can You Refuse It? Yes, you can legally refuse a PBT in Michigan.
- Consequences of Refusal:
- For drivers 21 and older: A refusal results in a civil infraction (like a speeding ticket) and a fine of up to $150.
- For drivers under 21: Refusal leads to 4 points on your license under Michigan’s zero-tolerance law.
What Is a Chemical Breath Test?
The Datamaster breathalyzer in Michigan is the official device used to conduct post-arrest chemical breath tests at police stations. Refusing this test invokes the state’s Implied Consent Law and leads to license suspension and 6 points on your record.
A chemical breath test is more accurate than a PBT and is administered at the police station, jail, or hospital after you’ve been arrested for OWI.
- Can You Refuse It? Technically, yes, but refusing this test violates Michigan’s Implied Consent Law and carries significant penalties.
- Consequences of Refusal:
- First Offense: 1-year license suspension and 6 points on your driving record.
- Second Offense (within 7 years): 2-year suspension and additional penalties.
For a deeper dive into Michigan’s OWI laws, see the Michigan Legislature on MCL – Section 257.625a.
How Accurate Are Breathalyzers?
Breathalyzers measure Blood Alcohol Concentration (BAC) by analyzing the alcohol in your breath. While these devices are generally accurate, their results can be affected by several factors, including:
- Calibration Issues: Regular calibration is essential for accurate readings. Improperly maintained devices may produce false results.
- Residual Alcohol: Consuming alcohol-containing products (like mouthwash) before the test can skew results.
- Health Conditions: Certain medical conditions, such as acid reflux or diabetes, may lead to inaccurate BAC readings.
Note: If you suspect a breathalyzer provided inaccurate results, a skilled attorney can challenge the validity of the evidence in court. Learn more about BAC testing standards from the National Institute on Alcohol Abuse and Alcoholism.
What Is Michigan’s Implied Consent Law?
Michigan’s Implied Consent Law means that by driving on Michigan roads, you automatically agree to submit to a chemical test if lawfully arrested for OWI. Refusing this test doesn’t prevent prosecution—police can obtain a warrant for a blood test if you refuse.
Penalties for Violating Implied Consent Law:
- Administrative License Suspension: Separate from OWI penalties, refusal results in automatic license suspension.
- Points on Driving Record: Refusal adds 6 points, affecting insurance rates and potential future offenses.
Understanding the Michigan Implied Consent Law penalties is crucial, as refusal can result in harsher consequences than a DUI conviction itself—especially for repeat offenders.
Tip: If you believe the stop or arrest was unlawful, a defense attorney can challenge the Implied Consent violation.
What Are the Consequences of Refusing a Breathalyzer in Michigan?
Refusing a breathalyzer test doesn’t guarantee you’ll avoid OWI charges. In fact, it often complicates your situation.
Here’s what to expect:
License Suspension
- A DUI license suspension in Michigan is automatically imposed if you refuse a chemical breath test—even without a conviction—lasting 1 year for a first offense or 2 years for a second.
- License suspensions are enforced by the Secretary of State, not the court.
Courtroom Implications
- Prosecutors can use refusal as evidence against you, arguing it demonstrates a “consciousness of guilt.”
- Refusal penalties are separate from OWI charges, meaning you could face both.
While a roadside PBT in Michigan can be refused with only a civil infraction penalty, refusing the post-arrest chemical test carries much steeper consequences.
Comparing Penalties for OWI Convictions and Refusal
This table highlights the types of breath tests, the consequences of refusal, and when police can proceed without your consent. It’s designed to help you quickly understand your rights and potential outcomes.
| Scenario | Test Type | Consequences of Refusal | Notes |
|---|---|---|---|
| Preliminary Breath Test (PBT) | Roadside, pre-arrest | Civil infraction, up to $150 fine (4 points for minors) | Establishes probable cause for arrest. |
| Chemical Breath Test | After arrest | License suspension (1 year for first refusal) | Required under Implied Consent Law. |
| Blood Test (via Warrant) | After test refusal | Refusal penalties apply; results can still be used | Police can compel this with a valid warrant. |
How Should You Handle a Breathalyzer Request?
Knowing your rights and how to respond can make all the difference during a traffic stop.
When to Refuse a Preliminary Breath Test (PBT)
- Refusing a PBT is usually in your best interest if you’re over 21, as the penalty is minimal compared to OWI consequences.
- Drivers under 21 should weigh the potential for points on their record.
When to Comply with a Chemical Breath Test
- If you refuse a DUI test in Michigan, especially the post-arrest chemical test, you’ll trigger serious administrative consequences—including automatic license suspension and points on your driving record.
- A skilled attorney can challenge the validity of the test results, even if you comply.
How to Assert Your Rights
- Politely decline the PBT: “I respectfully decline the preliminary breath test.”
- Request an attorney immediately after arrest.
- Refrain from making self-incriminating statements.
What Should You Do After Refusing a Breathalyzer?
Refusing a breathalyzer can escalate the situation, but your actions afterward can significantly impact the outcome. Follow these steps to protect your rights:
- Stay Calm: Avoid escalating the situation. Remain polite and cooperative.
- Request an Attorney: Immediately invoke your right to legal counsel by saying, “I want to speak to an attorney.”
- Document the Incident: Note the officer’s behavior, the reason for the stop, and whether any threats or coercion occurred.
- Avoid Self-Incrimination: Do not volunteer information about your alcohol consumption or answer questions beyond providing your license and registration.
- Contact a Defense Attorney: Reach out to an experienced OWI lawyer who can evaluate your case and challenge any procedural errors.
What Happens If Police Force a Blood Test?
If you refuse both a PBT and a chemical breath test, police may obtain a warrant for a blood test.
Here’s what you need to know:
- Is It Legal? Yes, as long as police obtain a valid warrant.
- What Are the Consequences? A DUI blood test in Michigan can still be used against you in court, even if it was performed without your consent—so long as officers obtained a valid warrant first.
- Can You Challenge It? Yes, an attorney can review the circumstances to determine if the warrant was properly obtained.
Can You Get a DUI Without a Breathalyzer Test in Michigan?
Yes, you can still be charged with OWI in Michigan without a breathalyzer test. Police can use field sobriety tests, officer observations, dashcam footage, and even a blood test obtained by warrant as evidence.
What Is the Penalty for Refusing a Breathalyzer in Michigan?
Refusing a chemical breath test in Michigan results in a 1-year license suspension for a first offense and 2 years for a second, plus 6 points on your driving record. These penalties apply even if you’re not convicted of OWI.
Can a DUI Be Dismissed After Refusing the Breathalyzer?
Yes, a DUI charge may be dismissed if police lacked probable cause or violated your rights before obtaining a breath or blood sample. A defense attorney can challenge the legality of the stop and the arrest.
Why Hiring a Defense Attorney Matters
Refusing a breathalyzer or facing OWI charges can have lifelong consequences. Here’s how a skilled attorney can help:
- Challenge the Stop or Arrest: If police lacked probable cause, any evidence obtained could be suppressed.
- Dispute Test Results: Breath and blood tests can be flawed due to improper calibration or procedural errors.
- Negotiate Reduced Penalties: Your attorney may secure alternative sentencing options, like probation or treatment programs, instead of harsher penalties.
Contact D.G. Moore Attorney at Law Today
If you’ve refused a breathalyzer or been charged with OWI in Michigan, acting quickly can make all the difference. With years of experience defending clients in complex OWI cases, I know how to protect your rights and fight for the best outcome.
Call 269-808-8007 today or visit D.G. Moore Attorney at Law for a free, confidential consultation. Let me help you through the legal process and safeguard your future.
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- What is Aggravated DUI in Michigan?
- Is Jail Time Mandatory for a Second DUI in Michigan?
- How Much Does an OWI Lawyer Cost in Michigan?