# Understanding Michigan’s Implied Consent & PBT Refusal Laws

Key Takeaway: The consequences for refusing a test depend completely on when you refuse. Refusing the official chemical test after arrest triggers severe license penalties. Refusing the roadside Preliminary Breath Test (PBT) is only a minor ticket.

--- ## 🔍 Part 1: The Official Chemical Test Refusal (After Arrest) This is the serious "Implied Consent" refusal. It happens after you have been arrested for a drunk driving offense.

The Trigger & The Law

Under Michigan's "Implied Consent" law, any person arrested for drunk driving is deemed to have consented to a chemical test (breath, blood, or urine). The officer chooses the test. An unreasonable refusal triggers separate, automatic penalties from the Secretary of State, regardless of your actual guilt for DUI.

### ⚖️ The Penalties Are Automatic If you refuse the test, you face the following sanctions unless you take action: * A **1-year driver's license suspension**. * **6 points** added to your driving record. * These penalties apply even if you were sober, so long as the officer had **probable cause** for the arrest. ### ⏰ The Critical 14-Day Deadline You have the right to challenge this suspension at a hearing. * You **MUST request this hearing within 14 days** of your arrest. * The hearing is held before the **Driver's License Appeal Division (DLAD)** of the Secretary of State. * If you **do not request the hearing in time**, the suspension and points are automatically imposed. --- ## 📄 How to Know If This Applies to You: Check Your Paperwork The form number on your temporary driver's license tells you everything.

Form DI-93

This is the "Refusal" form.

Meaning: The officer alleges you refused the official chemical test after arrest.

Action Required: You MUST request a DLAD hearing within 14 days to fight the automatic license suspension.

Form DI-177

This is the "Over the Limit" form.

Meaning: You took the test and the result was over the legal limit.

Important: You are not facing an Implied Consent suspension. Your case proceeds as a standard DUI.

--- ## 🚦 Part 2: The Roadside PBT Refusal (Before Arrest) This is a different, much less serious situation. The Preliminary Breath Test (PBT) is a small handheld device used by officers during the roadside investigation, **before** an arrest is made.

PBT Refusal is a Minor Civil Infraction

Refusing the PBT is not a refusal under the Implied Consent law. It does not trigger a license suspension.

### 📋 Consequences of a PBT Refusal For most drivers (non-commercial and not minors): * **Fine only:** $100.00 to $200.00. * **Points:** **0 points** on your driver's license. * **License:** **No suspension.** * **Hearing:** **No hearing** needs to be requested. ### ℹ️ About the PBT Device * It estimates breath alcohol content at the roadside. * Results are generally **not admissible in court** to prove guilt (with very limited exceptions). * However, a result of **0.08 or higher** can provide the legal grounds ("probable cause") for an officer to place you under arrest. --- ## ⚠️ Important Distinctions & Notes

Successful Challenges Are Possible

At an Implied Consent hearing (for a DI-93 refusal), a skilled attorney can raise defenses. The legality of the stop, the arrest, and the officer's procedures can be contested. If successful, your license will not be suspended for the refusal.

Exceptions for Some Drivers

The penalties for both chemical test and PBT refusals are often more severe for **minors** and **commercial driver's license (CDL) holders**. Different rules and sanctions apply.

PBT Device Models

Two common models in Michigan: 
LifeLoc FC10: A newer device; can still produce inaccurate roadside readings. 
AlcoSensor III: This older model has been phased out in most of Michigan.

---

Immediate Action is Required for a DI-93 Refusal

If you have been issued a **DI-93 form**, you have only **14 days** to request a hearing to save your license. The process is complex and legal representation is highly recommended. **Contact our office immediately** for assistance with your DLAD hearing and defense.