Michigan Implied Consent Law
When arrested for drunk driving in Michigan, it is mandatory to undergo a chemical test to determine your bodily alcohol content (BAC). According to Michigan's Implied Consent Law, all drivers are deemed to have given their consent for this test. Opting to refuse the test carries consequences, including the addition of six points to your driver record and a one-year suspension of your license or non-resident operating privilege.
It is important to note that the suspension of your license or non-resident operating privilege is automatic upon refusal of the test. This penalty is separate from any subsequent convictions resulting from the traffic stop. If you are arrested for a second time within a span of seven years and again choose to unreasonably refuse the test, an additional six points will be added to your driver record. In addition, your license or non-resident operating privilege will be suspended for two years.
If you decline the test under the Implied Consent Law or if the test reveals a BAC of 0.08 or higher, the officer will confiscate your Michigan driver's license and issue you a temporary paper permit, known as a 625g permit, which allows you to drive until your court case is resolved. It is possible to appeal the Implied Consent suspension to the Driver Assessment and Appeal Division.
To request a hearing, it is essential to mail the appeal within 14 days of the arrest date. Failure to do so will result in the automatic suspension of your operator's or chauffeur's license, vehicle group designation, or operating privilege. It is highly recommended to hire an attorney for the hearing, as an unsuccessful appeal will lead to a one-year loss of driving privileges.
Preliminary Breath Test
When stopped by a law enforcement officer for suspected DUI, you may be required to undergo sobriety tests, including a Preliminary Breath Test (PBT) at the roadside to assess alcohol influence.
Refusing the PBT will result in a civil infraction charge with a fine of up to $200 plus court costs. For individuals under 21, refusing the PBT leads to two points on their driver record. Even if you take the PBT, you must still undergo an evidentiary chemical test (blood, breath, or urine).
Can I Refuse a Breathalyzer Test?
Refusing to take the roadside preliminary breath test (PBT) and field sobriety test is possible, but refusing the PBT will result in a civil infraction charge with a fine of up to $200 plus court costs.
Individuals under the age of 21 who refuse the PBT will receive two points on their driver record. Even if you choose to take the PBT, you are still required to undergo an evidentiary chemical test (blood, breath, or urine).
If you decline the breathalyzer test at the police station and require the police to obtain a warrant for a blood withdrawal, the secretary of state will impose a one-year suspension of your driver's license without the option to obtain a restricted license. Additionally, six points will be added to your driving record.
Please note that license suspension is automatic for any refusal to submit to the test, regardless of subsequent convictions resulting from the traffic stop.