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Do you have to take a breath test in Michigan?

On Behalf of | Oct 8, 2024 | Drunk Driving |

When an officer pulls a driver over on suspicion of impaired driving in Michigan, they will often ask the driver to take a breath test. They simply want to check and see if the driver is at or above the legal limit of 0.08%. An officer can arrest a driver even if they’re below the limit if that driver shows other evidence of impairment, but the breath test can help streamline the process.

However, if you find yourself in this position, you may not want to take the breath test. Maybe you’re worried that it’s going to provide a false positive and you’re going to be arrested. Say that you were just using mouthwash, so there may be alcohol content in your mouth. Do you have to take the breath test or can you refuse?

Implied consent laws

Technically speaking, you can refuse. Police officers aren’t going to force you to take a breath test.

However, if you do refuse, you have then violated implied consent laws. In Michigan, simply having a driver’s license and operating a vehicle means that you’ve already agreed to take a breath test during a lawful traffic stop. Refusing to do so violates your previous agreement, so there can be ramifications.

For example, you may get six points on your license. The officer could also take away your license, which could be suspended for a year. And all of that is only if this is your first offense. If you violate implied consent laws again in the near future, then you could lose your license for two years.

As you can see, what seems to be a simple drunk driving stop may actually be very complicated. Be sure that you understand all of your legal defense options at this time.