Should I Refuse the Breathalyzer in Michigan? What Happens If You Do

One of the most common questions people ask after being pulled over for suspected drunk driving is whether they should have refused the breath test. The answer is not straightforward. Michigan treats breathalyzer refusal as a separate offense with its own penalties — penalties that apply regardless of whether you are ultimately convicted of OWI. Understanding the difference between the two breath tests you may encounter, and the legal consequences attached to each, is essential.

Two Different Breath Tests: PBT vs. DataMaster

Michigan law distinguishes between two breath tests during a drunk driving investigation, and understanding the difference is critical because they carry very different legal consequences.

The Preliminary Breath Test (PBT) is a portable, handheld device used at the roadside during a traffic stop. It is a screening tool — the officer uses it to help establish probable cause for arrest. Under MCL 257.625a(2)(b), refusing a PBT is a civil infraction punishable by a fine of up to $150. The PBT result is generally not admissible at trial to prove your BAC, though it can be used at a probable cause hearing or to establish grounds for arrest.

The DataMaster DMT (or an approved equivalent) is the evidentiary breathalyzer administered at the police station after arrest. This is the test governed by Michigan’s implied consent law. Its results are admissible at trial and form the basis of BAC-related charges. Refusing this test triggers the one-year license suspension and carries far more serious consequences than refusing the roadside PBT.

Michigan’s Implied Consent Law: MCL 257.625a

When you obtain a Michigan driver’s license, you implicitly consent to submit to chemical testing — breath, blood, or urine — if an officer has reasonable grounds to believe you are operating a vehicle while intoxicated. This is codified in MCL 257.625a.

Implied consent means you have already agreed to the test by virtue of holding a license. You can still refuse when the moment comes, but refusal triggers automatic administrative penalties separate from any criminal OWI charge:

• Automatic one-year license suspension — This is an administrative action by the Secretary of State, not a court-imposed penalty. It applies even if you are never charged with or convicted of OWI.
• Six points added to your driving record
• The refusal can be used as evidence against you at trial — the prosecution may argue that you refused because you knew you were intoxicated

For a second implied consent refusal within seven years, the suspension increases to two years.

What Happens at the Implied Consent Hearing

If you request the hearing within 14 days, an administrative law judge will consider a narrow set of issues:

• Whether the officer had reasonable grounds to believe you were operating a vehicle while intoxicated
• Whether you were properly advised of your implied consent rights — specifically, that refusal would result in license suspension and that you could seek an independent test
• Whether you actually refused the test (or whether there was a medical reason you could not complete it)

The hearing is limited to these questions. It does not address guilt or innocence on the underlying OWI charge. If the judge finds in your favor on any of these points, the suspension may be set aside. If not, the one-year suspension stands.

When Refusing Might Help Your Case

There are situations where refusing the evidentiary test may be strategically defensible, though no attorney can advise you to refuse in the abstract — it depends entirely on the circumstances:

• You believe your BAC is significantly over the limit. A high BAC result — particularly .17 or above, which triggers Michigan’s Super Drunk penalties — gives the prosecution powerful evidence. Without a BAC number, the prosecution must rely on officer observations, field sobriety tests, and other circumstantial evidence.
• You have prior OWI convictions. A second or third OWI with a confirmed BAC carries dramatically escalated penalties, including mandatory jail time. Eliminating the BAC evidence may affect plea negotiation leverage.

When Refusing Will Likely Hurt Your Case

In many scenarios, refusal creates more problems than it solves:

• You face a guaranteed one-year suspension regardless of the OWI outcome. If you took the test and were convicted of a first OWI, the license sanctions would typically be a 30-day suspension followed by 150 days restricted — significantly less than one year.
• The officer can obtain a warrant for a blood draw. If you refuse the breath test, the officer may seek a search warrant from a judge authorizing a blood draw. This happens routinely. You lose the benefit of refusal and still face the one-year administrative suspension.
• Refusal is admissible evidence. The prosecution can tell the jury you refused, and argue consciousness of guilt. Juries often draw the inference that someone who refused testing did so because they knew they would fail.
• A first offense with a low BAC may have resulted in a reduction. With a BAC near .08, there is often room to negotiate a reduction to Operating While Visibly Impaired (OWVI). Without a test result, that negotiation becomes more difficult.

What to Do If You Have Already Refused

If you have refused the evidentiary breath test, the single most important step is to contact an attorney within 14 days of the arrest to request the implied consent hearing. The clock starts on the date of arrest, not the date charges are filed. Missing this deadline eliminates your ability to challenge the suspension entirely.

An attorney can evaluate whether the officer had proper grounds for the stop and arrest, whether the implied consent warnings were properly administered, and whether there are grounds to challenge the refusal itself — for example, if you had a medical condition that prevented you from providing a sufficient breath sample.

Frequently Asked Questions About Breathalyzer Refusal in Michigan