Can You Refuse a Breathalyzer Test in Michigan?

Refusing a roadside breathalyzer request from a police officer is not a crime in Michigan. However, the state considers refusing to be a civil offense punishable by a fine of up to $150, along with other court costs. Importantly, there are no other penalties for refusing the test. Your driving record will remain unaffected, without any suspension or points¹.

Implied Consent and BAC Tests

Michigan’s law operates under the concept of “Implied Consent.” When a police officer gives a legal order, you are required to take a breathalyzer or similar test. These tests include:

1. Preliminary Breathalyzer Test (PBT): A roadside breathalyzer test. If you refuse this test, it’s only a civil infraction, resulting in a fine of up to $150 plus court costs.
2. In-Station Datamaster Breath Test: Conducted at the police station.
3. Blood Analysis: Involves a blood draw at the hospital.

Penalties for Refusing a Chemical Test

After declining a PBT, an officer may ask you to complete a chemical test. If you refuse, the Implied Consent penalties kick in:

• Automatic one-year license suspension: Your driver’s license will be suspended for one year.
• Six points added to your driving record.

Choosing the Smaller Penalty

Many people decline an Implied Consent BAC test because they’d rather face the penalty than provide potentially damning evidence to the police. Keep in mind that consequences of a first-offense Michigan DUI conviction can include months in jail, vehicle immobilization, hundreds of hours of community service, and fines. Penalties are greater for High Blood Alcohol Content (HBAC) cases (BAC of 0.17 or higher; legal limit is 0.08). You can appeal an Implied Consent license suspension within 14 days of refusal or arrest.

Remember, consulting an attorney is essential if you’re facing DUI charges or need legal advice related to breathalyzer tests.

Disclaimer: This information provides general guidance and should not be considered legal advice. Consult an attorney for personalized assistance.