What Happens If I Refuse the Breathalyzer After Getting Pulled Over In Michigan?

In Michigan’s Upper Peninsula, drivers who are pulled over and suspected of driving under the influence may be subjected to a number of tests and assessments to determine if they are intoxicated. This includes a field sobriety test, which is a number of exercises used to determine your balance, coordination, and ability to follow instructions, as well as a preliminary breath test (PBT) conducted at the scene, and a formal breath test at the police station. Because there are a number of tests you may be asked to participate in, understanding when you can legally refuse and the potential penalties you may face is critical. The following blog explores what you should know about these matters, including Michigan’s implied consent laws and the importance of working with a Marquette DUI lawyer.

Understanding Breathalyzer Tests in Michigan

Under Michigan law, preliminary and evidentiary breath tests are two distinct matters. A PBT is conducted using a portable device during the traffic stop. PBTs are not governed by Michigan’s Implied Consent Law, meaning refusing is generally a minor civil infraction. A formal breath or other chemical test (like blood or urine) is requested after a probable cause arrest. As such, formal chemical tests, including breathalyzers done at a police station, are subject to the Implied Consent Law, and refusal can result in serious penalties.

What Is a Preliminary Breath Test (PBT)?

• A small, handheld device used during traffic stops to determine blood alcohol concentration (BAC)
• Refusing a PBT is legal and does not violate the Implied Consent Laws
• Refusal generally results in a fine of up to $200, but it will not result in points or license suspension
• PBTs are generally not admissible in court to show evidence of guilt

What Is a Chemical Breathalyzer Test?

• Administered at a police station or medical facility after a probable cause arrest for a suspected DUI
• Governed by the Implied Consent Laws in accordance with MCL 257.625a(2)(d)
• Refusal triggers administrative penalties

What Is Michigan’s Implied Consent Law?

In Michigan, like all states, when you operate a motor vehicle on public roadways, you are deemed to have given “implied consent” to chemical testing in the event you are lawfully arrested for a suspected DUI. Refusal to submit to chemical testing can result in automatic administrative penalties that are entirely separate from the criminal penalties you may be subject to if convicted of a DUI.

Consequences of Refusing a Chemical Test

• Automatic license suspension of up to one year for a first-time refusal, unless a hearing is requested within 14 days
• Accumulation of six points on the license
• A second refusal within seven years increases the suspension to two years
• These penalties apply even if you are not convicted of a DUI in Michigan

How to Contest a Suspension

• You must request a hearing before the Secretary of State within 14 days of your notice
• The hearing allows you the opportunity to challenge the refusal penalties
• Failing to request a hearing means the suspension takes effect immediately

Legal Implications Beyond License Penalties for Michigan Drivers

There is an incredibly common misconception that refusing a chemical test means you cannot be charged with a DUI offense. However, prosecutors in and around Marquette County can use other evidence to support a DUI charge in court.

Evidence the Prosecution May Use

• Officer observations of driving behavior
• Performance during field sobriety tests
• The refusal to submit to testing may be presented to jurors as an indicator of guilt

Can Michigan Police Still Obtain a Blood Sample if I Refuse?

Refusing a chemical test does not always mean the police will be unable to obtain any evidence of your BAC. In Michigan, the police can obtain a signed judicial warrant that allows them to draw your blood if they have probable cause that you were driving under the influence. This means that, even if you refuse, chemical testing may be performed while still triggering the administrative penalties.

What This Means for Drivers

• Police can obtain a search warrant for a blood draw after a refusal
• A judge can approve the warrant immediately, even at night
• You may still face both civil and criminal penalties
• Refusal does not guarantee that prosecutors will have no chemical evidence

What Should I Do if I’m Pulled Over in the Upper Peninsula?

If you are pulled over while driving and the officer suspects that you have been drinking, understanding what to do is critical. This can be an incredibly nerve-wracking experience, but remaining calm and collected can help you reduce the risk of a negative outcome. In the event you are arrested, you should politely request legal counsel before speaking with the officer. Additionally, promptly acting on the administrative penalties, like requesting a hearing within 14 days, is critical.

What to Do During a Traffic Stop

• Remain calm, police, and respectful
• Provide the required identification and exit the vehicle if instructed to do so
• Know that roadside testing, like field sobriety tests and PBTs, is often voluntary
• Do not offer any unnecessary information
• Understand the Implied Consent Law if asked to participate in formal chemical testing

Contact an Experienced Marquette County DUI Lawyer

At Berger Law, our team understands how overwhelming a DUI charge can be. That is why we are committed to helping you fight for the best possible outcome for your unique circumstances. If you are facing a DUI offense, contact our team today to learn how we can represent you.