Refusing a breathalyzer test in Michigan
In Michigan, if you refuse a breath test the first time, your driver’s license will be automatically suspended for one year and 6 points will be added to your driving record.
For a second refusal within seven years, the suspension is two years.
Refusing a roadside breathalyzer request from a police officer is not a crime in Michigan although it is considered to be a civil offense punishable by a fine of up to $150, along with other court costs as well as an educational evening in Police custody.
The Driver Responsibility Act was enacted in Michigan in August 2003 as Public Act 165 of 2003. It amended the Michigan Vehicle Code to assess “driver responsibility fees” in addition to existing court costs and fees associated with infractions. The Act created two types of financial penalties for driving violations.
Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.
But wait there’s more.
Does the driver responsibility act exist still? Read this.
So confusing – Better get a lawyer because driving in Michigan is a priviledge. Not a right.
In Michigan, a second OWI (operating while intoxicated) or OWVI (operating while visibly impaired) is a misdemeanor. The penalties for a second offense include:
- 5 days to 1 year in jail
- 30 to 90 days of community service
- A fine of $200 to $1,000
- Vehicle forfeiture or immobilization for 90 to 180 days
A third OWI or OWVI conviction within seven years of when the first offense occurred will likely result in fines, jail time, and driver’s license revocation. The penalties for a third offense include:
- 1 year to 5 years in jail
- A fine of up to $500 and $5,000
- Probation for between 1 month and 1 year
