If you’re driving on the road, you might assume that refusing a breath test is a personal choice. But under Michigan’s implied consent law, this is a legal commitment that many drivers may not understand until it’s too late. Here is a look at what drivers don’t know and how you can avoid confusion if you are pulled over.
What Is Implied Consent?
When you are operating a vehicle on public roads, you have agreed to submit to a chemical test if law enforcement has probable cause to believe you’re driving under the influence. In Michigan, this is automatically part of the privilege of driving.
The law is designed to help officers collect evidence of intoxication. However, if you refuse, it also carries serious consequences.
Many drivers assume that a refusal avoids a failed test. In reality, this triggers a separate set of penalties that can be as severe as an OWI conviction.
The Two Types of Breath Tests
There are two different breath tests in play. The first is the roadside preliminary breath test (PBT). This handheld device is offered before an arrest. While refusing this test results in a minor civil infraction, the post-arrest chemical test at the police station is important under implied consent law.
Once an arrest has been made, a refusal at the station test will initiate automatic consequences. This can include:
- License suspension
- Points on your driving record
- Loss of the ability to obtain a restricted license
This is not a minor penalty. It can affect employment, family responsibilities, and daily mobility.
What Are the Consequences of a Refusal?
A first-time refusal results in a one-year license suspension and six points on your driving record. If you have any subsequent refusals, they carry harsher penalties.
Also, any refusal of the test will not prevent an OWI charge. Prosecutors can still build a case using officer observations, field sobriety tests, and other evidence. Refusing to take the test just adds another challenge on top of the existing OWI case. In these situations, you need the assistance of an experienced OWI defense lawyer.
What Is the 14-Day Window?
If you refuse a test, there is a strict 14-day window to request a hearing with the Secretary of State. And if you miss this deadline, it results in an automatic license suspension. The hearing is not about whether you were legally intoxicated. Instead, it focuses on four questions:
- Did the officer have reasonable grounds to suspect OWI?
- Was the arrest lawful?
- Were your rights under implied consent properly communicated?
- Did you actually refuse the chemical test?
If all four are answered affirmatively, the suspension stands.
What Are Some Common Misconceptions?
Even experienced drivers can get tripped up by implied consent. Here are a few of the most common misunderstandings:
- Refusing the post-arrest chemical test will not avoid an OWI: This triggers an automatic suspension that can hit faster and harder than a drunk driving conviction.
- Roadside tests are preliminary and inaccurate: Refusing them may be minor, but refusing the post-arrest test is the most serious issue.
- Officers may interpret hesitation or asking questions as a refusal: Communication is important in these situations.
- Keep in mind that other states will honor Michigan’s implied consent suspensions: A refusal can affect your driving privileges nationwide.
Even a refusal can trigger insurance consequences, from higher premiums to denial of coverage. Implied consent carries consequences most drivers don’t anticipate.
Implied Consent Law Is a Serious Legal Issue
Michigan’s implied consent law is technical, procedural, and misunderstood. Refusing a post-arrest chemical test can complicate an OWI case.
The law may feel complex and intimidating, but having an experienced OWI lawyer gives you the best chance to protect your driving privileges. At the Law Office of James Fillmore, we can assist with these cases. Schedule a consultation today to learn about your options.
