Penalty for Refusing a Breath / Blood Test

If you are a Michigan driver, and the cop reasonably believes that you are driving drunk, and you refuse a breath or blood test at the station and you refuse, then you will be charged with an “implied consent” violation.

This violation is based on a classic “legal fiction.” Michigan drivers are assumed to have consented to give a sample of their breath or blood.  In other words, by driving your car in Michigan you are deemd to have “impliedly consented” to a breath or blood test.

If you are arrested for drunk driving in Michigan, the law requires you to take a chemical test to determine your bodily alcohol content (BAC).

Under Michigan’s Implied Consent Law, if you refuse the lawful request of a police officer, then six points will be added to your driver record and your license.  Also, your ability to drive lawfully will be suspended for one year.

This one year suspension is automatic for any refusal to submit to the test.  Also, if you are unreasonably refuse again within a seven year period, then six points will be added to your driver record and your license.  This time it’s a TWO YEAR suspension. 

After the refusal a DI-93 is issued.  You have a right to appeal this determination. Any Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division (DAAD). If you retain me before the 14 day period has elapsed, then I will take care of this notice requirement.

The request for hearing must be mailed within 14 days of the date arrest.  If you don’t then you lose your right to do a hardship appeal.

Here is a video if you’d like to learn more: