Chemical Test Refusals

Following an arrest for drunk driving, a police officer will request that a motorist submit to a breath, blood or urine test. The officer decides which test to administer under Michigan's implied consent law. If a person unreasonably refuses to submit to a chemical test, the driver faces an implied consent suspension.

The motorist has the right to a hearing at the Secretary of State, but it must be requested within 14 days. If the driver fails to request a hearing, the license is suspended for at least one year, and six points are added to the license. Contested hearings are held before the Driver's License Appeal Division of the Secretary of State.

Successful challenges can be raised at an implied consent hearing. We regularly represent clients at the DLAD, so you should call our office immediately if you refused to submit to a chemical test.

Refusal of a PBT

A PBT is a small handheld device that measures breath alcohol through a fuel cell. It is not admissible in court except in very limited circumstances. After requesting that a motorist perform field sobriety tests, a police officer will likely indicate that there is one more test that they want the driver to perform. The last "field sobriety test" is a PBT.

Even if the motorist already passed all field sobriety tests and the officer cannot honesty say the driver appears to be intoxicated, the PBT results can be used to legally arrest a driver if the results are 0.08 or higher.

Here are photographs of the two PBTs used in the State of Michigan that we own here at our law office: