Yes, you have the right to refuse a breathalyzer test in Michigan. However, be advised, the penalties for refusing a breath test can be severe depending on the type of test that’s refused.
Refusing a station chemical breath test, also known as the DataMaster.
- 1 year suspended license or more
- Your refusal can be used against you in court
- A warrant can be obtained to draw your blood
Refusing the preliminary roadside breath test, also known as the PBT.
Refusing a PBT is far less severe than refusing the in-station chemical breath test. It is only a civil infraction to refuse the PBT test, unless you’re driving a commercial vehicle. A person who’s operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath test upon an officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
Can I refuse a Standard Field Sobriety Test (SFST) in Michigan?
Yes, you can refuse to take an SFST in Michigan. These are highly subjective tests, and often times they are performed improperly. Unless you know that you can pass a SFST, then it is a good idea to politely refuse to take it. Failing a SFST is highly prejudicial evidence that can be used against you in court.
Why should you hire Zuppke Law for an OWI or OWVI?
At Zuppke Law, we’ll tirelessly fight on your behalf. Our motto is simple, winning is the only option. If you want to win, there’s only one Royal Oak, Michigan OWI law firm. Call us today or fill out a case evaluation form located on our website. Our Michigan criminal defense firm is located off of Woodward Ave., just down the street from the Detroit Zoo. The Zuppke Law guarantee is that you’ll always work with a Zuppke. Contact us today.