If you’re pulled over for suspicion of Operating While Intoxicated (OWI) in Michigan, one of the first things you need to understand is the Implied Consent Law. Many drivers are unaware that simply having a Michigan driver’s license means they have already agreed—impliedly consented—to provide a breath, blood, or urine sample if requested by law enforcement.
What Is Michigan’s Implied Consent Law?
Under Michigan law, when you receive your driver’s license, you automatically agree to submit to chemical testing (breath, blood, or urine) if an officer believes you are under the influence of alcohol or drugs.
If you refuse, serious penalties apply, including:
- Automatic one-year suspension of your driver’s license for a first refusal
- Two-year suspension for a second refusal within seven years
- Six points added to your driving record
Should You Refuse a Breath or Blood Test?
The short answer? No.
Once you reach the point where an officer is demanding a chemical test, it’s best to comply. Many people believe they can refuse the test and avoid consequences, but this is not an idle threat—law enforcement will follow through with license suspension.
If you refuse a breath test, the police can and will seek a warrant for a blood draw, meaning they will get the evidence anyway. Refusing only makes the situation worse.
What You Should Do If Pulled Over for OWI
- Ask for a lawyer immediately. You have the right to legal representation. Exercise it.
- Do not argue or resist. Remaining calm and cooperative will help you in the long run.
- If asked to take a chemical test, comply. Refusing will lead to automatic penalties that can severely impact your ability to drive.
- Call O’Keefe Law as soon as possible. Once you’ve taken the test, the next step is securing strong legal representation to fight the charges.
Your Defense Starts Here
Even if you submit to testing and are charged with OWI, you are not automatically guilty. Many factors can affect your case, from errors in the testing process to violations of your rights during the stop. At O’Keefe Law, we examine every detail to challenge evidence, protect your rights, and minimize the consequences.If you’re facing OWI charges or license suspension under Michigan’s Implied Consent Law, don’t wait. Call O’Keefe Law today at (517) 253-0114 or visit okeefelaw.net for a consultation.