If you are pulled over and suspected of drunk driving, one of the most important decisions you may face is whether to submit to a breathalyzer or other chemical test. In Michigan, refusing a chemical test after an OWI arrest can have serious consequences, including an automatic driver’s license suspension.
Michigan’s implied consent law means that drivers are generally considered to have consented to certain chemical tests after being lawfully arrested for an impaired-driving offense. A refusal can trigger a separate administrative licensing process, even if you are never convicted of OWI.
Understanding the difference between a preliminary breath test, a post-arrest chemical test, and Michigan’s implied consent law is critical if you have been accused of drunk driving.
If you have been arrested or received a notice that your license may be suspended because you refused a chemical test, speaking with an experienced attorney promptly can help you understand your options.
For comprehensive information about Michigan OWI charges, defenses, penalties, and license consequences, review Michigan OWI/DUI Defense Options.
What Does It Mean to Refuse a Breathalyzer in Michigan?
The phrase “breathalyzer refusal” can be confusing because Michigan law involves more than one type of breath test.
During an OWI investigation, an officer may ask a driver to take a preliminary breath test (PBT). This is generally a roadside screening tool used to help an officer determine whether there is probable cause to arrest.
After an arrest, the officer may request a chemical test of the driver’s breath, blood, or urine under Michigan’s implied consent law.
These are legally different situations.
A person who refuses a post-arrest chemical test may face a driver’s license suspension under Michigan’s implied consent law. The Michigan State Police explains that refusing a chemical test can result in license suspension.
That means an individual can potentially face two separate issues:
- The criminal OWI case.
- The administrative license suspension resulting from the alleged chemical-test refusal.
These proceedings are related, but they are not the same.
Michigan’s Implied Consent Law
Michigan’s implied consent law is found in the Michigan Vehicle Code. Under the law, a person operating a vehicle on a public highway or other location generally accessible to motor vehicles is considered to have given consent to certain chemical tests under specified circumstances.
Typically, the implied consent process becomes relevant after a person has been arrested for an offense covered by the statute.
Michigan law also requires officers to advise an arrested person of certain rights and consequences concerning chemical testing. The Michigan Judicial Institute explains that an arrested driver must be advised, among other things, that refusing the requested chemical test can result in license suspension and six points being added to the driving record.
The important point is that implied consent is not the same thing as being automatically guilty of OWI.
A chemical-test refusal can create an administrative licensing consequence even though the prosecution still has to prove the underlying criminal OWI charge.
What Happens If You Refuse a Chemical Test?
If a driver refuses a chemical test requested under Michigan’s implied consent law, the officer is required to report the alleged refusal to the Michigan Secretary of State.
Michigan law provides that the officer’s report must state that the officer had reasonable grounds to believe the person committed an applicable offense, that the person refused the chemical test, and that the person was advised of the consequences of refusal.
The driver should receive written notice explaining the alleged refusal and the opportunity to challenge the suspension.
This is extremely important because the license suspension process has a strict deadline.
You Have 14 Days to Request an Implied Consent Hearing
If you receive a Notice of Suspension following an alleged chemical-test refusal, you generally have 14 days to request a hearing.
This deadline is critical.
The Michigan Secretary of State specifically states that a request for an implied consent hearing must be submitted within 14 days of receiving the officer’s report containing the Notice of Suspension. If the driver does not timely request a hearing, the license suspension is imposed.
For that reason, someone who has been accused of refusing a breathalyzer should not simply put the notice aside while dealing with the criminal case.
The implied consent deadline can arrive quickly.
How Long Is Your License Suspended for Refusing a Breathalyzer?
For a non-commercial driver, Michigan law provides for a one-year suspension for a first refusal.
A second or subsequent refusal within seven years can result in a two-year suspension.
The Michigan State Police likewise identifies a one-year suspension for a first refusal and a two-year suspension for a second refusal within seven years.
This suspension is separate from potential license sanctions resulting from an OWI conviction.
That distinction is important.
For example, a person could potentially be dealing with an implied-consent suspension while also defending the underlying OWI charge in criminal court.
Does Refusing a Breathalyzer Mean You Cannot Be Charged With OWI?
No.
Refusing a chemical test does not prevent police from investigating or prosecuting an OWI case.
Michigan law specifically permits an officer to seek a court order for a chemical test after a driver refuses the requested test.
Depending on the circumstances, police may seek a warrant for a blood draw or pursue other evidence of impairment.
The prosecution may rely on evidence such as:
- The officer’s observations
- Driving behavior
- Field sobriety tests
- Statements made by the driver
- Video recordings
- The results of a PBT
- A chemical test obtained pursuant to a warrant
- Other physical or circumstantial evidence
Therefore, refusing a chemical test does not necessarily make an OWI case disappear.
Can a Chemical Test Refusal Be Challenged?
Yes.
Michigan law provides an administrative hearing process for challenging an alleged implied consent violation.
The hearing is not a general trial of the OWI charge. Instead, the hearing officer considers specific issues established by Michigan law.
Those issues include:
- Whether the officer had reasonable grounds to believe the driver committed an applicable offense
- Whether the driver was arrested for an applicable offense
- Whether the driver actually refused the chemical test
- Whether the refusal was reasonable
- Whether the driver was properly advised of the applicable rights and consequences
This limited scope means that the hearing should be approached strategically.
A driver should not assume that the hearing is simply an opportunity to explain why they believe they were not drunk.
The central question is whether the statutory requirements for the implied consent suspension were satisfied.
What Does “Reasonable Refusal” Mean?
One of the issues that may be considered at an implied consent hearing is whether the alleged refusal was reasonable.
The specific circumstances matter.
For example, questions may arise concerning:
- What exactly the officer requested
- How the request was communicated
- Whether the driver understood the request
- Whether the driver was properly advised of the consequences
- Whether the driver actually refused
- Whether there was a medical or other circumstance affecting the ability to provide the requested sample
- Whether the officer followed the required procedures
These issues are highly fact-specific.
An attorney reviewing the police report, Notice of Suspension, video evidence, and other records may be able to identify issues that could affect the administrative case.
Refusing a PBT vs. Refusing the Post-Arrest Chemical Test
This distinction is one of the most common sources of confusion.
A preliminary breath test, or PBT, is generally a roadside investigative tool.
A chemical test under the implied consent law is a different procedure that can occur after arrest.
The consequences for refusing these tests are not necessarily identical.
Michigan’s Secretary of State identifies a separate offense code for refusal of a preliminary breath test by a non-commercial driver and separately addresses implied-consent chemical-test refusals.
Because the legal consequences can differ, it is important to determine exactly what test the officer claims you refused.
What If Police Obtained a Blood Test After You Refused?
A chemical-test refusal does not necessarily prevent police from obtaining a blood sample.
Michigan law provides that when a driver refuses a chemical test requested under the implied consent process, the officer may seek a court order.
Whether a blood draw was legally authorized, whether a warrant was properly obtained, and whether the testing procedure complied with applicable requirements can all become important issues.
The Michigan courts recognize that blood draws conducted at the direction of police implicate constitutional search-and-seizure protections.
An attorney can examine the circumstances surrounding the blood draw and determine whether there are potential grounds for challenging the evidence.
Does Refusing a Breathalyzer Help Your OWI Defense?
There is no simple answer.
Some drivers believe refusing a chemical test automatically helps their defense because there is no breath result. That is not necessarily true.
The prosecution may have other evidence, and Michigan law specifically provides for license consequences following a refusal.
At the same time, the absence of a chemical-test result may affect the evidence available to prosecutors in the underlying criminal case.
The overall strength of an OWI case depends on the entire evidentiary picture, including the reason for the traffic stop, the officer’s observations, field sobriety tests, statements, video, chemical testing, and other evidence.
An experienced OWI attorney can evaluate the evidence rather than assuming that a refusal either helps or hurts the case automatically.
What Should You Do After Receiving a Chemical Test Refusal Notice?
If you receive a Notice of Suspension following an alleged refusal, take the matter seriously.
1. Check the date on the notice
The 14-day deadline for requesting an implied consent hearing is critical.
2. Preserve your paperwork
Keep the Notice of Suspension, police paperwork, bond documents, and any other paperwork you received.
3. Avoid discussing the case publicly
Social media posts and statements about what happened can potentially become evidence.
4. Contact an OWI defense attorney
An attorney can review the refusal allegation, explain the administrative process, and evaluate the underlying criminal case.
If you are facing an OWI charge in Sterling Heights or elsewhere in Macomb County, an experienced Sterling Heights OWI Lawyer can evaluate both the criminal charge and the potential driver’s license consequences.
Why Experience Matters in a Michigan OWI Refusal Case
A chemical-test refusal case involves more than simply determining whether someone blew into a breathalyzer.
There may be separate questions involving:
- The legality of the traffic stop
- The basis for the arrest
- The officer’s reasonable grounds
- The wording of the chemical-test request
- The driver’s response
- Required warnings
- The timing of the refusal
- The 14-day hearing deadline
- The underlying OWI evidence
- Any subsequent blood, breath, or urine testing
A mistake at any stage can potentially affect the case.
Andrew Hubbs represents clients facing OWI and DUI charges and understands the serious consequences that an impaired-driving allegation can have on a person’s license, employment, finances, and future.
If you are dealing with an alleged chemical-test refusal, you do not have to navigate the process alone.
Contact a Sterling Heights OWI Lawyer
A breathalyzer refusal in Michigan can create immediate driver’s license consequences, and the administrative process operates separately from the criminal OWI case.
For a first refusal, Michigan law generally provides for a one-year license suspension. A second or subsequent refusal within seven years can result in a two-year suspension. Most importantly, a driver who wants to challenge the implied consent suspension generally must request a hearing within 14 days of the required notice.
If you were arrested for OWI or accused of refusing a chemical test in Sterling Heights, Macomb County, or surrounding communities, consider speaking with an experienced DUI defense attorney as soon as possible.
Andrew Hubbs provides experienced OWI and DUI defense focused on protecting clients’ rights and driving privileges. He can review the circumstances of your arrest, evaluate the alleged refusal, examine the evidence, and explain the legal options available in your case.
Learn more about Michigan OWI defense through our Michigan OWI/DUI Defense Options, or contact Hubbs Law to discuss your situation.
Do not assume that a chemical-test refusal means your license suspension or OWI case cannot be challenged. The facts and procedures surrounding the arrest matter.
