Can You Refuse to Take a Breath Test in Michigan?

Can You Refuse to Take a Breath Test in Michigan?

Posted on:
March 24, 2015
Posted By:
Share This Post:

Every driver dreads those flashing blue lights behind them indicating that they have to pull over. So many things can go through your mind when you are pulled over by a law enforcement officer. If you have been drinking, the stakes get even higher and the pressure can really start to mount. What should you do if you have been pulled over and you know the officer is gong to investigate whether or not you’ve been drinking? You know that a breath test could be forthcoming, but the thought crosses your mind: “do I really have to take the test? Don’t I have the right to refuse it?”

Ultimately, yes, you could choose not to submit to a breath test. However, that doesn’t mean refusal is a good idea. Known as “implied Consent” Michigan law states that every driver has to submit to some kind of test if the officer has probable cause to believe that a driver has been driving while under the influence of alcohol or other drugs. That test can be a blood sample, a breath test or a urine sample. State law also requires that you perform a preliminary breath test, which works as a form of field sobriety test. The results of such a test can be used against you to determine probable cause.

You do have the right to refuse this test, but doing so will make you subject to paying a fine and losing your driving privileges. Even if you refuse the test, you might still be arrested, because the officer might have another reason to believe you were driving under the influence. You will then have to take a test anyways. If you do decide to refuse the test, then the officer should inform you that your license would be suspended. The penalties for refusal start with a one-year suspension.

Meantime, refusing to take a breath test has other consequences as well. By refusing to do so, you could face several other consequences, including fines, community service and possibly jail time, if you end up being convicted. In fact, if it’s your first OWI conviction the penalties could be more severe for refusal than for the actual conviction, because you might go to jail if you refused. Plus, refusal will not necessarily help you avoid being convicted, because the prosecution could use the fact that you refused the test against you.

If you are pulled over for suspicion of drunk driving it is almost always better to submit to the test than to refuse it. In any case, if you have been pulled over for OWI/DUI in Flint, then you should contact the criminal defense team at Nickola Law right away. Timing is important so don’t delay. Get in touch with us as soon as you can by calling 810-767-5420. Or click here to connect with us online.


Nickola Law past results are not express or implied prediction of future success, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many factors, therefore, results will differ on a case-by-case basis. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. Testimonials are not a guarantee, warranty, or prediction of the outcome of your case. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.

*Personal Injury Only

Call Now Button