Michigan's Implied Consent Law: Refusal Sanctions

If you refused to take a breath or blood test after you were arrested for a drunk driving offense, you have only 14 days to request a hearing before your license is suspended for one year and 6 points are added to your license. You can be completely sober without a drop of alcohol and still face these harsh sanctions so long as the police officer had probable cause to believe you were guilty of drunk driving. This is because Michigan's "implied consent" law sets forth penalties that are separate from drunk driving sanctions.

It is important to realize that these penalties are not triggered by a preliminary breath test refusal. A PBT refusal is merely a civil infraction in Michigan, and it carries no points and does not get abstracted to a driver's license. Unless the driver is a minor or a commercial driver, a preliminary breath test refusal is a fine of $100.00 to $200.00.

If you are uncertain whether you refused, take a look at the paperwork that the police officer issued. Form DI-93 is given to motorists who have refused a chemical test, while Form DI-177 is given to motorists who submitted to chemical testing but provided a breath sample over the legal limit. The form number can be found in the upper left hand corner.