Understanding Implied Consent
When you accept a Michigan driver’s license, you automatically agree to the state’s Implied Consent Law. This means if you’re lawfully arrested for suspected drunk driving, you’ve already given consent to chemical testing (breath, blood, or urine). Refusing such a test is treated as withdrawing that consent, and the law imposes automatic penalties.
Two Types of Breath Tests
- Preliminary Breath Test (PBT):
- Administered roadside before arrest.
- Refusal = civil infraction, fine up to $150 plus court costs.
- No points, no license suspension.
- Chemical Breath Test (Datamaster/DMT or Blood Draw:
- Conducted at the police station after arrest, by an EMT or at a Hospital.
- Refusal = violation of Implied Consent Law.
- Penalties:
- First offense: AUTOMATIC 1-year driver’s license suspension.
- Second offense (within 7 years): 2-year suspension.
- Six points added to your driving record.
Criminal vs. Administrative Consequences
- Refusing the chemical test doesn’t automatically mean you avoid a DUI charge. Prosecutors can still use officer testimony, field sobriety tests, and other evidence.
- The refusal itself is handled administratively by the Secretary of State, separate from any criminal OWI case.
Can Police Force a Test?
- Officers cannot forcibly administer a breath test without a court order like a Judge or Magistrate signing a Warrant.
- However, refusal often leads to immediate arrest and license sanctions, making it a risky choice.
Should You Refuse?
- Pros: Some drivers believe refusal limits evidence against them.
- Cons: Automatic license suspension, points, and possible harsher penalties if convicted later.
- Many defense attorneys caution that refusal often complicates your case rather than helping, But contacting Fraiberg & Pernie right away may limit the license damages.
Key Takeaway
Refusing a breathalyzer in Michigan is technically allowed, but it comes with automatic license suspensions, fines, and points. The distinction between refusing a roadside PBT and the official chemical test is crucial. Drivers should understand that refusal doesn’t guarantee avoiding a DUI conviction—it simply adds another layer of penalties.
We at Fraiberg & Pernie fight refusing breathalyzer charges across Wayne, Oakland, and Macomb counties. Our attorneys understand both criminal court procedures and administrative license processes. We provide comprehensive defense strategies that protect your rights and minimize long-term consequences.
