You are driving home after a night out and see flashing lights in your rearview mirror. An officer stops you and asks if you have been drinking. A few minutes later, they request that you take a breath test. What do you do? Can you refuse?
Michigan drivers often find themselves in this stressful situation without a clear understanding of their rights. While it may seem like a simple question, refusing a breath test in Michigan comes with serious legal consequences. Knowing the law can make a big difference in how your case unfolds.
If you are facing an OWI charge or a license suspension due to a refusal, it is important to speak with a dedicated Michigan DUI lawyer. The Law Office of James Fillmore is here to help you understand your options and defend your rights.
What Is Michigan’s Implied Consent Law?
Michigan law assumes that if you are driving on public roads, you have already agreed to take a chemical test if you are arrested for drunk driving. This is known as the implied consent law. It applies to breath tests, blood tests, and urine tests that are used to measure your blood alcohol content after a lawful arrest.
This does not mean that you have to take every test an officer offers. There is a difference between the handheld breath test given at the side of the road and the chemical tests requested at the police station or hospital. The preliminary breath test, or PBT, can be refused, though it may result in a small civil fine. The implied consent law only applies to the test requested after you have been arrested.
Can You Refuse a Breath Test in Michigan?
Yes, you can legally refuse to take a chemical breath test after an arrest. However, that choice comes with automatic penalties. Refusing the post-arrest test is not a crime, but it triggers consequences under the implied consent law.
It is important to understand the difference. The roadside breath test is optional and usually offered before an arrest is made. Refusing that test is not a violation of implied consent and will not result in license suspension, though you may still be ticketed for refusing to cooperate.
The real issue comes after the arrest. If you say no to the chemical test at that point, the officer will report your refusal to the Michigan Secretary of State. That sets off a chain of events that can affect your driving record and your ability to stay on the road.
What Happens If You Refuse a Breath Test?
The first time you refuse a post-arrest breath test in Michigan, your license can be suspended for one year. You will also receive six points on your driving record. If you refuse a second time within seven years, the suspension increases to two years.
These penalties are automatic unless you request a hearing within fourteen days of the refusal. This hearing, called an implied consent hearing, gives you a chance to challenge the suspension. If you miss the deadline, the suspension goes into effect with no further review.
You may also lose your ability to drive with restrictions. In some cases, you might qualify for a restricted license after serving part of the suspension, but that is not guaranteed. Losing your license can affect your job, your family life, and your independence. That is why it is so important to act quickly if you have refused a test.
How a DUI Lawyer Can Help You Protect Your Rights
A refusal does not mean your case is over. There are ways to fight the license suspension and even challenge the basis for the arrest itself. If the officer did not have probable cause or failed to follow proper procedures, those issues can be raised during your hearing or in court.
An experienced DUI attorney can review the facts of your case, identify any errors in the process, and represent you at your implied consent hearing. They can also help you apply for a restricted license or prepare for the criminal side of your case.
The Law Office of James Fillmore has helped many Michigan drivers facing OWI charges or license suspensions after refusing a breath test. With the right legal support, you can make informed decisions and protect your future.
Speak with a Michigan DUI Lawyer Today
Being pulled over and asked to take a breath test is stressful enough without having to guess about your legal rights. While you can refuse a post-arrest chemical test in Michigan, doing so comes with serious penalties. The sooner you get legal advice, the better your chances of avoiding or reducing those consequences.If you have refused a test or are facing an OWI charge, do not wait. Contact the Law Office of James Fillmore today for a legal consultation with a dedicated Michigan DUI lawyer. Let us help you take control of your case and move forward with confidence.
