There are two different breath tests in a Michigan drunk driving stop, they carry completely different consequences, and almost everyone confuses them. Getting this right matters, because one of the deadlines involved is fourteen days long and nobody sends you a reminder.
The Roadside Test and the Station Test Are Not the Same
The preliminary breath test (PBT) is the handheld device the officer offers at the roadside, before an arrest. Under MCL 257.625a, refusing it is a civil infraction for an ordinary driver — a ticket, not a crime, and not a license suspension. (If you were operating a commercial vehicle, refusing the PBT is a misdemeanor punishable by not more than 93 days or a fine of not more than $100, or both.) PBT results are also sharply limited in what they can be used for in court.
The evidentiary chemical test is the breath, blood, or urine test administered after you are arrested. That is the one governed by Michigan's implied consent law, and refusing it is what triggers the serious licensing consequences below.
What Implied Consent Means
By driving in Michigan you are deemed to have consented to a chemical test if you are lawfully arrested for a drunk driving offense. Refusing that test is not itself a crime — but it is an administrative violation with real teeth under MCL 257.625f:
- A first refusal: your license is suspended for 1 year.
- A second or subsequent refusal within 7 years: 2 years.
- 6 points are entered on your driving record.
These sanctions are separate from the criminal case. They apply even if you are acquitted of the OWI, and even if the OWI is dismissed. That surprises people constantly.
The 14-Day Deadline — This Is the Part People Miss
If you refuse the evidentiary test, you have 14 days from the date of the notice to request a hearing. If you do not request one, the Secretary of State imposes the suspension automatically. No hearing, no argument, no discretion.
Fourteen days is not long, and it starts running while you are still dealing with the arrest itself. This is the single most common way a drivable situation becomes a year without a license. If you refused a test, tell me at our first conversation — this deadline gets calendared before anything else.
Refusing Does Not Mean They Get No Sample
A refusal usually leads the officer to seek a search warrant for your blood, and judges sign those warrants. So refusal frequently produces both the license sanction and a blood result. That does not make refusal always the wrong call — there are situations where it is the right one — but anyone who tells you refusal is a guaranteed way to avoid evidence is wrong.
What Can Be Done
An implied consent hearing is narrow, but it is winnable. The issues are whether the officer had reasonable grounds to believe you were operating while intoxicated, whether you were lawfully arrested, whether you were actually advised of your chemical test rights, and whether you in fact refused — a genuine inability to complete a breath test is not the same thing as a refusal. Where the hearing does not go your way, there is a further route to circuit court for a restricted license in hardship cases.
Related: field sobriety and chemical tests, driver's license restoration.
Frequently Asked Questions
What happens if I refuse a breathalyzer in Michigan?
Refusing the evidentiary chemical test after an OWI arrest triggers Michigan’s implied consent law, MCL 257.625f: a 1-year license suspension for a first refusal, 2 years for a second or subsequent refusal within 7 years, plus 6 points on your record. These sanctions apply even if the criminal case is dismissed or you are acquitted.
How long do I have to challenge an implied consent suspension?
Fourteen days from the date of the notice. If you do not request a hearing within 14 days, the Secretary of State imposes the license sanction automatically — there is no further argument about it. This is the deadline people miss most often.
Is refusing the roadside breath test the same as refusing the test at the station?
No, and the difference is significant. Refusing the roadside preliminary breath test (PBT) is a civil infraction for an ordinary driver under MCL 257.625a — a ticket. Refusing the evidentiary test after arrest is what triggers the implied consent suspension. For commercial drivers, refusing the PBT is a misdemeanor punishable by up to 93 days or a fine of up to $100, or both.
If I refuse, can the police still get my blood?
Usually yes. A refusal typically prompts the officer to apply for a search warrant for a blood draw, and those warrants are routinely granted. Refusing often results in both the license sanction and a blood result, so it is not a reliable way to keep evidence out.
Is refusing a chemical test a crime in Michigan?
No. For a non-commercial driver it is an administrative violation handled by the Secretary of State, not a separate criminal charge. But the license consequences are serious and run independently of the criminal case.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend drunk driving cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and on an OWI the clock starts running the day you are arrested. Call 616-438-6719 or send me a message.