Many people believe that if you’re pulled over for suspected drunk driving, you can refuse all tests without consequences. In Michigan, it isn’t that simple. Here’s what every driver should understand.
1. Field Sobriety Tests
Field sobriety tests are a series of physical and cognitive exercises—like walking heel-to-toe, standing on one leg, or counting backwards —that police officers use when they suspect a driver may be impaired. Although these tests are presented as simple tasks, they are subjective, difficult even for sober people, and often performed under stressful roadside conditions.
What many drivers don’t realize is that you are not legally required to take roadside field sobriety tests, and doing so can provide officers with evidence that may later be used against you. These tests are not designed to see if you’re ok to drive home. They are tools to gather evidence that you are impaired. Politely declining these tests can prevent the officer from misinterpreting normal balance issues, nervousness, or medical conditions as signs of impairment.
However, there are certain things you are legally required to provide during a traffic stop. A driver must show their driver’s license, vehicle registration, and proof of insurance upon request. Refusing to provide these documents can result in additional charges, even if you haven’t done anything else wrong. While you must hand over your documents and comply with basic identification requirements, you do not have to answer incriminating questions, perform field sobriety tests, or consent to a search of your vehicle without a warrant. Stay calm, be respectful, and don’t give them any evidence.
Learn more about our criminal defense work.
2. Roadside Breath Test (PBT) — You Can Refuse With a Small Penalty
The handheld roadside breath test (PBT) is optional in Michigan. Refusing it is a civil infraction with about a $100 fine, but it usually does not lead to points or suspension.
3. Chemical Test After Arrest — You Cannot Refuse Without Major Consequences
The breath, blood, or urine test after arrest is covered under Michigan’s Implied Consent law. Refusing it triggers:
- A 1-year license suspension for the first refusal
- Six points on your record
- 2-year suspension for later refusals
These administrative penalties apply even if you’re never convicted. You have 14 days to request a hearing to challenge the suspension.
Learn more about our OWI/DUI defense help.
4. Police Can Still Obtain a Warrant
If you refuse the chemical test, officers can ask a judge for a warrant. If granted, you must comply with the blood draw.
What Should You Do?
- Be polite and calm.
- Refuse field sobriety tests.
- Understand the PBT is optional.
- Know that refusing the required chemical test will likely cost you your license.
Call an attorney immediately if you’re arrested.
If you have been charged with OWI/DUI or any driving offense, call our offices for advice.
Robert Howard, our attorney who handles criminal defense, was a police officer for over 12 years and knows how police investigate crimes and the methods used to gather evidence against an accused.
Learn more about Robert Howard.
Bottom Line
- Field sobriety tests: You can — and should — refuse.
- Roadside PBT: You can refuse with minimal consequences.
- Chemical test after arrest: Refusing brings serious penalties.
If you’ve been charged with OWI/DUI, contact Cunningham Dalman for guidance.
