Understanding Michigan's Breathalyzer Laws

In Michigan, there are two key types of breathalyzer tests that you may encounter if you're stopped on suspicion of operating while intoxicated (OWI):

• Preliminary Breath Test (PBT): Typically conducted roadside during a DUI stop.
• Evidentiary Breath Test (Datamaster DMT): Administered at the police station after an OWI arrest.

Each test has different legal implications, and refusing either one can lead to drastically different consequences.

Refusing a Preliminary Breath Test (PBT)

The Preliminary Breath Test (PBT) is a roadside test that helps officers establish probable cause for an OWI arrest. It's important to know that if you refuse a PBT, it is a civil infraction that comes with a fine, but it does NOT carry criminal penalties for most drivers.

However, if you are under 21 years old or a commercial driver, refusing a PBT can result in more severe consequences, including points on your license.

Michigan's Implied Consent Law

When you obtain a Michigan driver's license, you automatically give implied consent to submit to chemical testing (breath, blood, or urine) if you're lawfully arrested for suspected OWI. This means that while refusing a PBT may not carry major penalties, refusing an evidentiary breath test at the police station could lead to serious consequences.

What Happens If You Refuse a Breathalyzer at the Police Station?

Refusing the evidentiary breath test after an OWI arrest is considered a violation of Michigan’s Implied Consent Law. This refusal can result in:

• A one-year driver's license suspension for a first offense.
• A two-year suspension for a second refusal within seven years.
• Potential use of your refusal as evidence in your DUI case.

If you refuse this test, the police may obtain a warrant to draw your blood, forcing you to submit to testing regardless.

Can You Fight an Implied Consent Suspension?

Yes! If you refuse an evidentiary breath test, you have 14 days to request a hearing with the Michigan Secretary of State. This hearing provides an opportunity to challenge the suspension and retain your license.

At the hearing, your defense can argue that:

• The officer lacked reasonable grounds to arrest you.
• You were not properly advised of your rights under the Implied Consent Law.
• You did not explicitly refuse the test.

Having an experienced OWI attorney on your side can make all the difference in fighting the suspension.

Defenses to OWI Charges in Michigan

Even if you submit to a breath test, there are still legal defenses that can help you challenge an OWI charge, including:

• Faulty Equipment: The breathalyzer machine may not have been properly calibrated, leading to inaccurate readings.
• Improper Police Procedure: If officers failed to follow correct protocols, evidence could be thrown out.
• Medical Conditions or Substances: Certain medical conditions or even mouthwash can result in falsely high BAC readings.

A strong legal defense can help minimize penalties or even get your charges dismissed.

Should You Refuse a Breathalyzer in Michigan?

While refusing a PBT typically results in just a fine, refusing the evidentiary breath test can lead to a lengthy license suspension. In most cases, it's not advisable to refuse the evidentiary test unless advised to do so by an attorney.

If you're concerned about an OWI charge or facing an implied consent violation, it's crucial to seek legal help right away.

Need Legal Help? Contact an Experienced OWI Defense Attorney

If you're facing DUI charges or an implied consent violation, you don’t have to go through it alone. A skilled Michigan criminal lawyer can help you navigate the legal process, challenge the charges, and fight for the best possible outcome in your case.

At Boria Law, we’ve helped countless clients in Michigan beat OWI charges and restore their licenses. Contact us today for a free consultation.

Call Aaron J. Boria at (734) 453-7806 to discuss your case now.

Final Thoughts

St. Patrick’s Day is a time for celebration, but it’s also a night when law enforcement is out in full force. Knowing your rights when it comes to breathalyzer tests can make all the difference if you find yourself pulled over. Whether you’ve already refused a test or you’re facing DUI charges, taking action quickly is key.

Stay safe, be responsible, and if you ever need legal assistance, Boria Law is here to help.