Refusing a Breath Test in Michigan: PBT vs. Chemical Test and the 14-Day Deadline

Many drivers in Michigan don't fully understand the difference between the preliminary breath test (PBT) that an officer offers at the roadside and the evidentiary chemical test that happens after arrest. The legal consequences of refusing each one are completely different — and confusing them can cost you your license.

Two Different Tests

1. Preliminary Breath Test (PBT) — a handheld device used at the roadside before arrest. It is meant to help an officer establish probable cause to arrest. PBT results are generally not admissible at trial as direct evidence of BAC except in limited situations.

2. Chemical Test (DataMaster or Intoxilyzer 9000, or Blood Test) — administered after arrest, usually at the police station or a medical facility. This is the test that produces the evidence prosecutors rely on at trial.

The Penalties for Refusing Are Very Different

Refusing the Roadside PBT

For drivers 21 and older, refusing the PBT is a civil infraction with a fine of up to $150 plus court costs. There are no driver's license points and no automatic license suspension for refusing the PBT.

For commercial drivers (CDL), the penalties are higher — PBT refusal can lead to CDL consequences.

For drivers under 21, a PBT refusal is also more serious and can carry points.

Refusing the Chemical Test After Arrest

This is where Michigan's Implied Consent Law (MCL 257.625c) comes in. Under that law, by driving on Michigan roads you have already consented to chemical testing after a lawful OWI arrest. Refusing the chemical test results in:

• An automatic one-year driver's license suspension for a first refusal,
• Six points added to your driving record,
• Two-year suspension for a second refusal within seven years,
• A potentially harder path to a restricted license.

The suspension is administrative and separate from any criminal OWI case. It is imposed by the Michigan Secretary of State, not by the criminal court.

The 14-Day Deadline

If you refused the chemical test, you have 14 days from the date of arrest to request an Implied Consent hearing with the Michigan Secretary of State to challenge the suspension. Missing this deadline almost always means losing the chance to challenge the suspension. This is one of the most commonly missed deadlines in Michigan OWI law.

Police Can Get a Warrant Anyway

Even if you refuse the chemical test, officers can typically obtain a search warrant for a forced blood draw. That means you may face the license suspension and still have BAC evidence used against you.

What You Should Do

• If you are not sure what you refused or signed, look at the paperwork. DI-93 is given to drivers who refused chemical testing. DI-177 is given to drivers who tested over the legal limit.
• Contact a lawyer immediately if you refused — you do not have 14 days to start thinking about it.

Call Boria Law Today

If you're facing an Implied Consent suspension or an OWI charge in Plymouth, attorney Aaron J. Boria of Boria Law can help. Boria Law handles both the criminal case in the 35th District Court and Implied Consent hearings before the Michigan Secretary of State.

Call (734) 453-7806 today for a free consultation.