The Michigan trap of refusing to take the Chemical Test or Breathalyzer during an investigation for Drunk Driving.
Aug. 17, 2026
During the last 3 decades of representing clients in Michigan Drunk Driving (OWI) cases, clients continually have refused to take the chemical test requested by the police. These clients for the most part are simply unaware of the consequences of that decision. They often claim their friends told them not to cooperate and take it, or they heard they did not have to cooperate.
The refusal to take the chemical test to check the alcohol level in your system will result in an additional charge called, “A Violation of Michigan’s Implied Consent Law.” An administrative Law finding a violation of this Law by the Secretary of State will automatically result in a suspension of your operator’s license for one year. You can file an appeal within 14 days of your arrest, and they will schedule a hearing that is done by the Secretary of State Administrative Law Judge. The appeal will stop the automatic hearing until the suspension until the hearing officer makes a final determination. However, the appeal issues are strictly limited to 4 questions.
Hearing Issues on Appeal:
Whether the police officer had reasonable grounds to believe you committed OWI (Drunk Driving) under Michigan Law.
Whether you were placed under arrest.
If you refused whether the refusal was reasonable.
Whether you were advised of your chemical rights as required under Michigan Law.
This Blog will explore the relationship between the OWI charge and the Implied Consent Violation after refusal of the chemical test.
When stopped for a routine Drunk Driving case an officer will investigate. The investigation will include such things as smelling for alcohol and asking questions about alcohol consumption that evening as well as your travel. These questions are incriminating but since you are not under arrest the cops will claim it is done merely for investigation they are not required to read you your rights. Nevertheless, if the cop smells alcohol or you admit to even minor consumption of alcohol that will trigger further investigation. Further investigation will eventually lead to field sobriety tests and the officer establishing probable cause to arrest the driver for Michigan OWI. This investigation will most likely result in a PBT or Preliminary Breth Test to be administered at the scene. That PBT in Michigan is inadmissible in court, but it is used to establish probable cause to arrest. If you do not blow the PBT upon request the officer will claim that alone as probable cause to arrest. Although most of the time failure of sobriety tests or admissions of consumption are enough to establish probable cause.
DI-93 Chemical Test Rights of Defendant
So, let’s assume that now you are taken to the police station and are under arrest for OWI in Ottawa, Kent, Allegan or another Michigan County. The cop will read you your Chemical Test Rights verbatim off a form called the DI-93.
The form states, “I am requesting that you take a chemical test to check for alcohol and/or controlled substances in your body. IF YOU WERE ASKED TO TAKE OR TOOK A PRELIMINARY BREATH TEST BEFORE YOUR ARREST, YOU MUST STILL TAKE THE TEST I AM OFFERING TO YOU.
If you refuse to take this chemical test, it will not be given without a court order. Your refusal to take this test shall result in the suspension of your operator’s license or chauffer’s license or vehicle group designation or operating privilege, and an additional 6 points on your driving record.
After taking my test, you have the right to demand that a person of your own choosing to administer a breath blood or urine test. You will be given a reasonable opportunity for such test. You are responsible for obtaining a chemical analysis of a test sample taken by a person of your own choosing.
The results of both chemical tests shall be admissible in judicial proceedings and will be considered with other admissible evidence in determining your innocence or guilt.
So, after the cop reads this, let’s assume, YOU REFUSE. THE COPS REQUEST A COURT ORDER AND GET YOUR BLOOD.
The Key to this whole rights reading is that if you refuse, it will not be given without a court order. So, you just refused and they got your blood anyway and you are now charged with a violation of The Implied Consent Law. It is not a criminal charge against you; it is civil charge. The jurisdiction is the Michigan Department of State. That is, The Secretary of State.
Examples of ways a defendant refused the Chemical Test:
I don’t know if I should take the test?
’m not sure what I should do?
My friends told me not to take it?
I don’t understand why you are asking me to take it?
Can I call my attorney? (Attorney not available)
Just a quick note, an attorney, not having all the facts of the case would most likely be reluctant to advise a client in the middle of the investigation.
As you can see, it is easy to get into the trap in Michigan of violating the implied consent laws while under investigation for OWI or Drunk Driving. THE COURTS ARE NOT INVOLVED IN THIS VIOLATION, IT IS THE MICHIGAN DEPARTMENT OF STATE. The violation of this law has a harsh consequence that most drivers are not aware of.
If you are facing an OWI case in Kent, Ottawa, Allegan or another West Michigan County, call Gerald R. Stahl for any further questions. Gerald R Stahl has been a criminal defense lawyer in West Michigan since 1982. This Blog is intended to discuss issues related to OWI and Implied Consent Violations and is not intended to give of be construed as legal advice.
Gerald R. Stahl
Attorney at Law
217 East 24th Street, Suite 102
Holland, MI 49423
616-456-7372