If you’ve been arrested for a DUI and asked to take a breathalyzer or blood test, it’s natural to feel anxious or uncertain about what to do. There are two kinds of tests offered in most DUI cases: the roadside preliminary breath test (PBT) and the breath or blood chemical test offered after your arrest. Refusing the post-arrest breath or blood test may seem like a way to protect yourself, but under Michigan law, that decision can carry serious consequences. 

At Jeffrey Randa and Associates, we help drivers across Metro Detroit understand their rights and defend against charges arising from breath or blood chemical test refusals and DUI arrests.

The Difference Between a Roadside and Post-Arrest Test

If you refused a roadside PBT before arrest, that’s a civil infraction with a fine but no license suspension. This is not as serious as refusing to take a chemical test after arrest. Refusing that test triggers penalties under Michigan’s implied consent law.

Understanding Michigan’s Implied Consent Law

Michigan’s implied consent law means that by operating a vehicle in this state, you agree to submit to a chemical test if you’re lawfully arrested for suspected drunk driving. Refusing to take a breathalyzer or blood test after arrest triggers automatic penalties, even before any potential criminal case begins. A chemical test refusal case is separate from any DUI charge(s) that may follow.

Here’s what can happen if you refuse:

  • First refusal: One-year driver’s license suspension and six points on your driving record.
  • Second refusal (within seven years): Two-year suspension.

You do have the right to contest the refusal at a hearing before the Michigan Secretary of State Office of Hearings and Administrative Oversight (OHAO) for very specific reasons (see below). Most of the time, the state’s hearing officers deny these appeals, and the driver’s license will be suspended. 

The good news is that even if your license is suspended, we can go to court and petition for a restricted license. Normally, this requires that you drive with an ignition interlock device installed.

As noted, these penalties occur independent of any DUI case, even if you are never convicted of or even never charged with operating while intoxicated (OWI).

What Happens After a Breathalyzer Refusal

When you refuse a breathalyzer at the police station, the officer will file an Officer’s Report of Refusal to Submit to Chemical Test with the Michigan Secretary of State. You’ll receive a copy (this is actually your temporary driver’s license) informing you that if you wish to contest the allegation, you must request a hearing within 14 days. Missing that deadline means an automatic license loss.

During this hearing, the officer must prove:

  1. That he or she had reasonable grounds to believe that you were operating a vehicle while under the influence of alcohol and/or drugs.
  2. You were lawfully arrested for OWI.
  3. That you were properly advised of your rights under Michigan’s implied consent law.
  4. You unreasonably refused to take the test after being informed of the consequences.

If any of these points cannot be proven, the healing officer must find in your favor.

Why Drivers Refuse Breathalyzer Tests

Refusing a test doesn’t always mean you’re hiding something. People often refuse for reasons that have nothing to do with guilt. If you were not properly informed of your rights or the consequences of refusal, that can form the basis of a strong defense. Normally, this is done by the officer reading those rights from a state form (DI 99).

Defending Against Breathalyzer Refusal Penalties

Because a chemical test refusal case is separate from your OWI charge, both require careful attention. Our team reviews every detail to uncover legal or procedural errors that may benefit your defense. Common defense strategies include:

  • Challenging the legality of the traffic stop. If police lacked reasonable suspicion, all evidence that followed may be suppressed.
  • Questioning how the officer explained your chemical test rights. You must be informed clearly of the penalties for refusal.
  • Identifying inconsistencies in reports or video evidence. Mistakes in documentation or procedure can cast doubt upon the officer’s allegations.
  • Highlighting legitimate reasons for refusal. If a medical issue or improper communication were involved, we can raise those facts at your hearing.

If you don’t timely appeal, or if you appeal and lose your implied consent case at the Secretary of State level, we can go to court to seek reinstatement of restricted driving privileges.

What to Expect in Michigan Courts

Even if you refused the chemical test, you will probably still face a DUI charge in the local district court. Prosecutors treat these cases seriously, but with an experienced defense lawyer, there are opportunities to fight for a dismissal or negotiate reduced charges.

We’ll get you through and help you understand every stage of the DUI process, including:

  • Administrative hearings with the Secretary of State.
  • Legal challenges to the evidence.
  • Plea negotiations and pre-trial motions.
  • License reinstatement or restricted license options.
  • Steps to restore full driving privileges once eligible.

Since 1993, Jeffrey Randa and Associates has successfully represented THOUSANDS of Michigan drivers in DUI and license restoration cases. Our approach is honest, transparent, and focused on results.

The Long-Term Impact of Refusal

A chemical test refusal affects more than your immediate case. It can lead to:

  • Harsher penalties if convicted of a DUI.
  • Complications for future license reinstatement and/or restoration.
  • Potential employment issues if driving is part of your job..
  • Higher insurance premiums.

Understanding these consequences early allows us to create a legal strategy that protects both your record and your ability to drive.

How We Can Help

At Jeffrey Randa and Associates, we help clients rebuild their lives after a DUI charge. Our team has decades of experience working with the Michigan Secretary of State and local courts to restore licenses, reduce penalties, and minimize the long-term effects of OWI charges.

We take the time to review all the evidence in and every detail about your case, explain your options clearly, and prepare the strongest possible defense. Whether you refused a chemical test or have already lost your license, we’ll guide you through the process of getting back on track.

Protect Your Rights After a Breathalyzer or Blood Test Refusal

Refusing a breathalyzer or blood test doesn’t automatically mean you’ll be convicted of drunk driving. With the right defense, you can protect your rights, challenge your suspension, and move forward with confidence.

In every DUI case, the goal is either to get the whole charge dismissed or, if the other evidence is strong enough to withstand a legal challenge, to avoid as many legal penalties and negative consequences as possible.

Our firm lives by the motto that “success in a DUI case is best measured by what does NOT happen to you.” In an implied consent case, success is measured by one simple thing: that you keep or regain the ability to drive again, without having to suffer through a one-year license suspension.

At Jeffrey Randa and Associates, we’re here to help you every step of the way. Contact our office today for a free, confidential consultation and take the first step toward protecting your freedom, your license, your record, and your peace of mind. We are very friendly people who will be glad to answer your questions and explain things.

JEFFREY RANDA & ASSOCIATES LOGO
Breathalyzer Test Refusal

If you’ve been arrested for a DUI and asked to take a breathalyzer or blood test, it’s natural to feel anxious or uncertain about what to do. There are two kinds of tests offered in most DUI cases: the roadside preliminary breath test (PBT) and the breath or blood chemical test offered after your arrest. Refusing the post-arrest breath or blood test may seem like a way to protect yourself, but under Michigan law, that decision can carry serious consequences. 

At Jeffrey Randa and Associates, we help drivers across Metro Detroit understand their rights and defend against charges arising from breath or blood chemical test refusals and DUI arrests.

The Difference Between a Roadside and Post-Arrest Test

If you refused a roadside PBT before arrest, that’s a civil infraction with a fine but no license suspension. This is not as serious as refusing to take a chemical test after arrest. Refusing that test triggers penalties under Michigan’s implied consent law.

Understanding Michigan’s Implied Consent Law

Michigan’s implied consent law means that by operating a vehicle in this state, you agree to submit to a chemical test if you’re lawfully arrested for suspected drunk driving. Refusing to take a breathalyzer or blood test after arrest triggers automatic penalties, even before any potential criminal case begins. A chemical test refusal case is separate from any DUI charge(s) that may follow.

Here’s what can happen if you refuse:

  • First refusal: One-year driver’s license suspension and six points on your driving record.
  • Second refusal (within seven years): Two-year suspension.

You do have the right to contest the refusal at a hearing before the Michigan Secretary of State Office of Hearings and Administrative Oversight (OHAO) for very specific reasons (see below). Most of the time, the state’s hearing officers deny these appeals, and the driver’s license will be suspended. 

The good news is that even if your license is suspended, we can go to court and petition for a restricted license. Normally, this requires that you drive with an ignition interlock device installed.

As noted, these penalties occur independent of any DUI case, even if you are never convicted of or even never charged with operating while intoxicated (OWI).

What Happens After a Breathalyzer Refusal

When you refuse a breathalyzer at the police station, the officer will file an Officer’s Report of Refusal to Submit to Chemical Test with the Michigan Secretary of State. You’ll receive a copy (this is actually your temporary driver’s license) informing you that if you wish to contest the allegation, you must request a hearing within 14 days. Missing that deadline means an automatic license loss.

During this hearing, the officer must prove:

  1. That he or she had reasonable grounds to believe that you were operating a vehicle while under the influence of alcohol and/or drugs.
  2. You were lawfully arrested for OWI.
  3. That you were properly advised of your rights under Michigan’s implied consent law.
  4. You unreasonably refused to take the test after being informed of the consequences.

If any of these points cannot be proven, the healing officer must find in your favor.

Why Drivers Refuse Breathalyzer Tests

Refusing a test doesn’t always mean you’re hiding something. People often refuse for reasons that have nothing to do with guilt. If you were not properly informed of your rights or the consequences of refusal, that can form the basis of a strong defense. Normally, this is done by the officer reading those rights from a state form (DI 99).

Defending Against Breathalyzer Refusal Penalties

Because a chemical test refusal case is separate from your OWI charge, both require careful attention. Our team reviews every detail to uncover legal or procedural errors that may benefit your defense. Common defense strategies include:

  • Challenging the legality of the traffic stop. If police lacked reasonable suspicion, all evidence that followed may be suppressed.
  • Questioning how the officer explained your chemical test rights. You must be informed clearly of the penalties for refusal.
  • Identifying inconsistencies in reports or video evidence. Mistakes in documentation or procedure can cast doubt upon the officer’s allegations.
  • Highlighting legitimate reasons for refusal. If a medical issue or improper communication were involved, we can raise those facts at your hearing.

If you don’t timely appeal, or if you appeal and lose your implied consent case at the Secretary of State level, we can go to court to seek reinstatement of restricted driving privileges.

What to Expect in Michigan Courts

Even if you refused the chemical test, you will probably still face a DUI charge in the local district court. Prosecutors treat these cases seriously, but with an experienced defense lawyer, there are opportunities to fight for a dismissal or negotiate reduced charges.

We’ll get you through and help you understand every stage of the DUI process, including:

  • Administrative hearings with the Secretary of State.
  • Legal challenges to the evidence.
  • Plea negotiations and pre-trial motions.
  • License reinstatement or restricted license options.
  • Steps to restore full driving privileges once eligible.

Since 1993, Jeffrey Randa and Associates has successfully represented THOUSANDS of Michigan drivers in DUI and license restoration cases. Our approach is honest, transparent, and focused on results.

The Long-Term Impact of Refusal

A chemical test refusal affects more than your immediate case. It can lead to:

  • Harsher penalties if convicted of a DUI.
  • Complications for future license reinstatement and/or restoration.
  • Potential employment issues if driving is part of your job..
  • Higher insurance premiums.

Understanding these consequences early allows us to create a legal strategy that protects both your record and your ability to drive.

How We Can Help

At Jeffrey Randa and Associates, we help clients rebuild their lives after a DUI charge. Our team has decades of experience working with the Michigan Secretary of State and local courts to restore licenses, reduce penalties, and minimize the long-term effects of OWI charges.

We take the time to review all the evidence in and every detail about your case, explain your options clearly, and prepare the strongest possible defense. Whether you refused a chemical test or have already lost your license, we’ll guide you through the process of getting back on track.

Protect Your Rights After a Breathalyzer or Blood Test Refusal

Refusing a breathalyzer or blood test doesn’t automatically mean you’ll be convicted of drunk driving. With the right defense, you can protect your rights, challenge your suspension, and move forward with confidence.

In every DUI case, the goal is either to get the whole charge dismissed or, if the other evidence is strong enough to withstand a legal challenge, to avoid as many legal penalties and negative consequences as possible.

Our firm lives by the motto that “success in a DUI case is best measured by what does NOT happen to you.” In an implied consent case, success is measured by one simple thing: that you keep or regain the ability to drive again, without having to suffer through a one-year license suspension.

At Jeffrey Randa and Associates, we’re here to help you every step of the way. Contact our office today for a free, confidential consultation and take the first step toward protecting your freedom, your license, your record, and your peace of mind. We are very friendly people who will be glad to answer your questions and explain things.