Getting pulled over for a suspected OWI (Operating While Intoxicated) in Michigan is stressful. At that moment, you might be wondering: Do I have to take this test? And what happens if I say no?
So, what happens if you refuse a breathalyzer during an OWI stop in Michigan? Here is what you need to know about how refusal works and what it can mean for your license and your case.
What’s the Difference Between Roadside vs. Station Breath Tests?
Michigan has an implied consent law. This means if you drive on Michigan roads, you have already agreed to submit to chemical testing when lawfully arrested for OWI. But what is a chemical test? And is the roadside breathalyzer included under the law?
One of the biggest sources of confusion during an OWI stop in Michigan is the difference between the roadside breath test and the chemical test at the station. They’re both called breath tests, but they carry very different consequences.
Roadside Breath Test (PBT)
This is the handheld device officers use on the side of the road. It is quick, portable, and designed to give the officer an initial sense of whether you may be impaired.
Refusing it could result in a civil infraction or minor ticket, but it does not trigger the serious license suspension or other implied consent penalties.
Chemical Breath Test (Post-Arrest Test)
If the officer arrests you for suspected OWI, they will ask you to take a chemical test at the station or hospital. This is the one covered under Michigan’s implied consent law. Unlike the roadside test, refusal here cannot be shrugged off.
What Happens with a Chemical Test Refusal?
Refusing this test will not only affect your court case, but it will also make an immediate impact on your driver’s license. For a first refusal, you can face:
- A one-year license suspension
- Six points added to your driving record
- No restricted or hardship license during the suspension
If you’ve refused a test before within the past 7 years, the license suspension can jump to 2 years.
These penalties are imposed by the Secretary of State, not by the criminal court. That means they can apply even if your OWI charge is later reduced or dismissed.
Risking a Refusal
Many people assume that refusing a breathalyzer could help their case. Unfortunately, that is not always true.
A refusal does not stop an OWI charge from moving forward. Officers can still rely on field sobriety tests, their observations, dashcam or bodycam footage, and anything you said during the stop. In some cases, police may even obtain a warrant for a blood draw.
Along with that, prosecutors in Michigan are allowed to tell a judge or jury that you refused the test.
OWI Cases Move Fast and You Need Legal Help
OWI cases involving breathalyzer refusals tend to move quickly. Sometimes, the consequences can stack up fast if nothing is done. Between the implied consent hearing, potential license suspension, and the criminal charge itself, you can feel like you are getting left behind in the system.
However, with the assistance of a Michigan OWI lawyer, they can help with this process. They will make sure that your interests are represented in both the criminal case and the administrative proceedings.
This one decision during a traffic stop can affect many parts of the case. You need an experienced lawyer to help you proceed through the process.
One Decision Can Affect Your Case
Refusing a breathalyzer during an OWI stop in Michigan is not a risk-free choice. While it may feel like the safest option at the moment, it can lead to automatic license suspensions and additional complications, regardless of how the criminal case turns out.
If you’re facing an OWI charge or a breathalyzer refusal in Michigan, you need experienced legal help. At the Law Office of James Fillmore, we are ready to provide you with the best options for your situation. Reach out and schedule a consultation today.
