Should You Refuse a Breathalyzer Test in Michigan?

You’re cruising through the streets of Edwardsburg when those dreaded flashing lights appear in your rearview mirror. A police officer approaches, and after a few questions, they ask you to take a breathalyzer test. Now, the question is: Should you refuse a breathalyzer test?

Deciding whether or not to take a breathalyzer in Michigan isn’t as simple as “yes” or “no.” It’s a complicated decision with profound consequences either way. In this blog, our criminal lawyers in Michigan explain what happens if you refuse a breathalyzer test. We discuss the consequences you may face and how to make an informed choice for your situation.

Michigan’s Implied Consent Law

In Michigan, simply having a driver’s license means you’ve already agreed to the Implied Consent Law. This law states that if a police officer has reasonable grounds to believe you’ve been drinking and driving, you consent to submit to a chemical test upon arrest. Refusing to take the test comes with administrative penalties that may affect your driving privileges.

This law does NOT apply to Preliminary Breath Tests (PBT) that an officer might ask you to take before an arrest.

Types of Chemical Tests in Michigan

Michigan uses three types of chemical tests that can determine a driver’s blood-alcohol content (BAC). Each test has unique characteristics and procedures.

1. Breath Tests

Breath tests are the most common roadside test. This type of test involves blowing into a DataMaster Breathalyzer device, which measures the amount of alcohol in your breath and estimates your BAC. Breath tests are quick and noninvasive, making them a preferred choice for police officers during traffic stops.

2. Blood Tests

Blood tests are considered the most accurate method for measuring BAC. During a blood test, a medical professional draws a blood sample and analyzes it in a lab. Blood tests are typically conducted at a police station or medical facility and are a preference when more precise measurements are needed.

3. Urine Tests

Although less common, urine tests can also determine BAC. In this test, the individual provides a urine sample, which is then analyzed for alcohol content.

Each of these chemical tests has its advantages and limitations, and the choice of test can depend on the specific circumstances of the traffic stop and the arresting officer’s discretion.

What Happens If You Refuse a Breathalyzer Test?

Refusing a breathalyzer test under the Implied Consent Law in Michigan triggers automatic penalties. Here’s what you’re looking at:

• License Suspension: Your driver’s license will be suspended for one year for a first offense. If you refuse again within seven years, the suspension will increase to two years.
• Driving Record: Six points will be added to your driving record, which could mean higher insurance rates and more trouble down the road.

Administrative penalties are independent of criminal proceedings. This means that the Secretary of State imposes these penalties regardless of whether you are facing an OWI charge.

Additionally, refusing a chemical test does not protect you from facing drunk driving charges. Law enforcement officers can still arrest you based on other evidence, such as erratic driving, slurred speech, or failing field sobriety tests.

Can Refusing a Breathalyzer Test Hurt Your Case?

Michigan courts often view a refusal to provide a breath or blood sample unfavorably. Prosecutors may argue that the unwillingness indicates consciousness of guilt, which can significantly complicate your defense.

Are There Exceptions to the Rule?

While Michigan’s implied consent law is strict, a few rare exceptions might apply in certain situations.

If you have a legitimate medical condition that prevents you from giving a breath sample, you can request an alternative test, such as a blood or urine test. To exercise this option, you must clearly explain your condition to the officer and provide proper documentation from a healthcare professional. Without this proof, the exception likely won’t hold up.

Another exception comes into play if the officer doesn’t follow the rules. Michigan law requires officers to inform you about the consequences of refusing a breathalyzer test, including license suspension, and how your refusal could be used against you in court. If the officer fails to provide this information, your refusal may not be admissible as evidence.

While these exceptions exist, they’re not easy to prove. If you believe one applies to your situation and are searching for “OWI lawyers near me” you have taken the first step in protecting your rights and building a strong defense.

What About Field Sobriety Tests?

Field sobriety tests are physical and cognitive exercises that law enforcement officers use to assess whether a driver is impaired by alcohol or drugs. Common examples include walking in a straight line, standing on one leg, and following an object with your eyes without moving your head. These tests aim to evaluate balance, coordination, and attention—skills often impaired by intoxication.

In Michigan, you have the right to refuse to perform standardized field sobriety tests. They are not mandatory, and their subjective nature can sometimes lead to unfavorable results, even for individuals who are not impaired. If you choose to decline, do so politely. However, be aware that refusing these tests may prompt the officer to rely on other observations or evidence, which could still lead to an arrest if they suspect intoxication.

Should You Refuse a Breathalyzer Test in Michigan?

Refusing a breath test in Michigan is a high-risk move. While it might seem like a good way to avoid giving the police evidence, the automatic penalties and potential impact on your case can make things worse.

If you’re confident the test would prove your innocence, it’s usually better to comply and let your OWI lawyer challenge the results later. If you refuse, you’ll still need a strong defense to fight the consequences.

How Can an OWI Lawyer in Michigan Help?

Whether you take or refuse the test, facing an OWI in Michigan is a serious matter that demands legal help. A knowledgeable OWI lawyer knows how to:

• Challenge the legality of the traffic stop
• Question the accuracy of breathalyzer results
• Argue for reduced penalties or license reinstatement

Don’t Let A Breathalyzer Test Refusal Ruin Your Life

Have you been arrested for OWI in Michigan? You might be searching online for “criminal lawyers in Michigan” or “OWI lawyers near me.” Contact us instead because you don’t have to face this uphill battle by yourself.

At LaBre Law Office, excellence is our standard. We are more than just attorneys. We are your advocate, advisor, and counselor. We take the time to listen, understand your unique situation, and provide legal options tailored to your needs.

With over 43 years of combined experience, our criminal lawyers have the skills and knowledge to craft a personalized strategy and fight for the best possible outcome for your case. Remember, your future is worth fighting for.

Contact us today at (269) 431-2058 or complete our secure online form to schedule your consultation. Together, we’ll tackle your legal challenges and help you move forward with confidence.

Copyright © 2025. LaBre Law Office. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

LaBre Law Office
68897 Cass St,
Edwardsburg, MI 49112
(269) 431-2058
https://labrelaw.com/