If you’re pulled over for suspected drunk driving in Michigan, one of the first things law enforcement might ask is if you’ve been drinking. It’s a scenario many drivers dread, and knowing your rights in these situations is crucial.
One of the most common questions I hear is: “Can I refuse a breathalyzer test?” The answer isn’t as straightforward as you might think—it depends on the type of test, the circumstances, and how far along the process you are.
The Preliminary Breath Test (PBT)
During a traffic stop, the officer might ask you to take a Preliminary Breath Test (PBT). This is a roadside test used to determine if there’s enough evidence to arrest you for Operating While Intoxicated (OWI).
In Michigan:
- You can refuse the PBT.
- Refusing this test carries a civil fine of up to $200, but there are no criminal penalties or points added to your driving record.
Officers are required to inform you about the fine for refusing the PBT. Refusing at this stage might complicate things, but it won’t directly result in losing your license.
The Breath or Blood Test After Arrest
If you’re arrested and taken to jail (or a hospital), the officer may request that you take a breath test or a blood test to measure your blood alcohol content (BAC). This test is different from the PBT and falls under Michigan’s Implied Consent Law.
Under the Implied Consent Law:
- If you refuse this test, your driver’s license will be automatically suspended for one year, and six points will be added to your driving record.
- This suspension is a civil penalty, separate from any criminal charges you might face.
What Should You Do?
Deciding whether to comply with a breath or blood test depends on your specific situation, but here are some general guidelines:
- Understand the consequences. Refusing the PBT will only result in a fine, but refusing the post-arrest test has far more severe repercussions, including license suspension.
- Know your rights. You have the right to remain silent and request an attorney if you’re unsure about the process or your obligations.
- Seek legal advice immediately. If you’re arrested or charged with OWI, contacting an experienced attorney can help you navigate the legal and administrative consequences.
How O’Keefe Law Can Help
Navigating Michigan’s OWI laws can be confusing, especially when it comes to breathalyzer tests. At O’Keefe Law, we’re here to help you understand your rights, protect your license, and build a strong defense.
If you’ve been pulled over or charged with OWI, contact us today. Together, we can work to protect your future.