OWI / DUI Breathalyzer Test Refusal in Michigan: What You Need to Know

In Michigan, an OWI/DUI can lead to severe penalties. Refusing a breathalyzer test, according to Michigan law, can also bring about legal consequences separate from the OWI charge itself. It’s important for you to know how this and other OWI laws in the state work, as well as the potential impact on your life and driving privileges. Below, George Law explains DUI breathalyzer test refusal in more detail, including the penalties, defenses that might apply, and why you should contact a criminal defense lawyer if you have been arrested and charged with OWI in the state.

Implied Consent Law

According to MCL 257.625c, every driver in Michigan is considered to have given implied consent to chemical tests (of their blood, breath, or urine) if they are arrested for driving under the influence (DUI). This means that the mere act of driving in the state implies that you agree to take these tests if arrested.

If you’re pulled over and the officer suspects you’re driving under the influence, they may request that you take a breathalyzer test. Refusing this test triggers a series of legal consequences. Notably, refusing the test is a separate legal issue from the DUI charge itself.

Michigan Law Following A Breathalyzer Test Refusal

License Suspension Consequences

Following your refusal, and as outlined in Section 257.625f, your driver’s license is subject to automatic suspension. If you don’t request a hearing within 14 days, the Secretary of State will suspend your license. The length of this suspension depends on your refusal history: one year for a first-time refusal and two years for a second refusal within a seven-year period.

The Hearing Process

According to Section 257.625e, you have the right to request a hearing within 14 days of being notified about the suspension. This hearing will examine whether the officer had reasonable grounds to believe you were DUI, whether your arrest was legitimate, the reasonableness of your refusal, and whether you were properly informed of the test refusal consequences.

Outcomes of the Hearing

If it is determined that your refusal was unreasonable, the suspension of your license will be upheld. However, if the refusal is considered justified, the suspension may be withdrawn. It’s important to understand that the administrative process surrounding the refusal of a breathalyzer test is separate from any criminal DUI proceedings. The outcomes of each process are independent, meaning you could potentially win the administrative hearing (getting your license suspension overturned) but still be convicted in a criminal court for DUI.

The Role of the Prosecuting Attorney

The prosecuting attorney plays a crucial role in DUI cases involving a breathalyzer test refusal. They may use the fact of your refusal as evidence in the criminal DUI case, arguing that the refusal indicates consciousness of guilt.

Implications of a DUI Conviction

Should you later be convicted of the DUI charge, you could face additional penalties. These can include longer license suspension periods, fines, and possibly jail time, all separate from the penalties for refusing the breathalyzer test.

Immediate License Confiscation

Under Michigan law, if you refuse the test and a court order later results in a blood test revealing an unlawful alcohol content or presence of controlled substances, your license can be immediately taken away.

Long-Term Consequences

Beyond the immediate legal ramifications, refusing a breathalyzer test in Michigan can have long-term consequences. It can affect your insurance rates, employment opportunities (especially if driving is a part of your job), and even your reputation.

No Refusal Checkpoints

Some states have implemented “no refusal” checkpoints, where drivers suspected of DUI can be quickly brought before a judge for a warrant for a chemical test if they refuse a roadside test. In Michigan, the state does not allow sobriety checkpoints.

What Are Some Defenses To DUI Breathalyzer Test Refusal In Michigan?

In Michigan, if you’re facing charges for refusing a breathalyzer test during a DUI stop, there are several defenses you might consider. One defense is challenging the legality of the traffic stop itself. If the officer lacked a valid reason to pull you over, the subsequent breathalyzer request may be deemed unlawful. 

Another defense involves questioning the officer’s grounds for believing you were under the influence. If the officer’s suspicion was not based on concrete evidence, the demand for a breathalyzer test might be invalidated.

Additionally, you can argue that you were not properly informed of the consequences of refusing the test. Michigan law requires officers to clearly explain these consequences; failure to do so can be a valid defense. Miscommunication or language barriers that led to a misunderstanding of the officer’s instructions can also be a viable defense.

Lastly, if you have a medical condition that prevented you from taking the test, this could be used in your defense. However, it’s important to understand that these defenses can be complex and fact specific.

How Can A Criminal Defense Lawyer Help Someone Facing DUI Breathalyzer Test Refusal Charges

If you’re charged with refusing in Michigan, a skilled DUI / OWI lawyer can help you in several ways. First, they can review the details of your case, including the traffic stop and your interaction with law enforcement, to identify any potential defenses. They’ll ensure that your rights were respected during the arrest process and examine if the proper legal procedures were followed. A lawyer can represent you at the administrative hearing regarding your license suspension, arguing on your behalf and challenging any weaknesses in the prosecution’s case. They can also guide you through the legal process, explaining each step and what to expect. This includes preparing you for court appearances, negotiating with prosecutors, and, if necessary, representing you at trial.

Michigan DUI Breathalyzer Test Refusal Lawyers

If you’re facing a DUI or a breathalyzer test refusal case in Michigan, George Law is here to assist you. Our experienced DUI lawyers have gone to bat for many clients in the state who have been charged with OWI, and we know how to fight hard to get your case resolved on the most favorable grounds possible. Contact us at (248) 247-7459 or online for a consultation.