Michigan

Q. Can I refuse a preliminary breath test when I’m pulled over?

A. Yes, unless you are a commercial driver the penalties that apply for refusing the PBT are relatively minor. Michigan Law provides that refusing a preliminary breath test is a civil infraction that caries a fine but no points.

The same however is not true of the evidentiary breath test, that is, the one you are given at the police station. (The Datamaster test). A conviction for refusing this test is called an implied consent violation and will result in an automatic license suspension--see below. You will also have six points added to your record. (See Michigan License Suspension Laws).

If you are a commercial driver, refusing a preliminary breath test is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, and will result in a 24-hour out-of-service order.

Michigan's Implied Consent Law

If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license will be suspended for six months. Please be aware that suspension of a license is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license will be suspended for one year. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.10 or more, your driver license will be destroyed by the officer, and you will be issued a 625 g paper permit to drive until your case is resolved in court.

The Implied Consent suspension may be appealed to the Driver License Appeal Division. The request for hearing (available below) must be mailed within 14 days of the date of arrest or your operator's or chauffeur's license and vehicle group designation or operating privilege will be automatically suspended. You are not required to have an attorney at this hearing, but an attorney may represent you if you wish.

Chemical test rights are quite different. They are statutory in nature, and arise out of Michigan's implied consent law. In Michigan, when you drive an automobile, you impliedly consent to take a chemical test of your breath, blood or urine. Thus, after you are arrested, the police officer must read you your chemical test rights, including your right to have your own (independent) chemical test. These rights must be read to you before the officer asks you to take such a chemical test. If you are not properly advised of your chemical rights, (and offered the reasonable opportunity to have your own test), then you may be able to keep the police conducted test results out of evidence. It should also be noted that some Michigan Courts have also found that the chemical test rights are constitutional in magnitude inasmuch as they address the accused’s right to gather potentially exculpatory evidence in his or her own defense. Consequently, under the appropriate circumstances, a failure to read the chemical test rights might lead to a total dismissal of the drunk driving case.

Out-of-service Orders

You will be immediately placed out-of-service for 24 hours if you:

Refuse to take a preliminary breath test (PBT)
Consume alcohol within four hours prior to operating a CMV
Consume alcohol while operating a CMV
Have a bodily alcohol content (BAC) of .015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine

Q. What new crimes were created by the recent changes in the Michigan drunk driving law?

A. Some of the crimes newly established in Michigan are:

Driving While License Suspended Causing Injury, a 5 year felony;
Driving while License Suspended Causing Death, a 15 year felony;
Allowing Another Person to Drive While License Suspended Causing Injury, a 2 year felony;
Allowing Another Person to Drive While Suspended Causing Death, a 5 year felony;
Endangerment: driving while impaired, under the influence or Zero Tolerance, with passengers under age 16, a misdemeanor

CDL Drivers - Alcohol Penalties

Other Alcohol Violations

If you have consume too much alcohol and operate a commercial motor vehicle, you can be charged with:

Operating with an unlawful bodily alcohol leval (UBAL) of .10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
Operating under the influence of liquor (OUIL)
Operating while impaired (OWI) when your BAC is more than .07 but less than .10 grams per 100
milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
Operating with a BAC of .04 – .07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine
OUIL, OWI or UBAL causing death or serious injury

You may be charged with operating under the influence of drugs (OUID).

If you refuse to submit to a chemical test (Implied Consent)* or are convicted of any of the alcohol

offenses listed above, your CDL will be:

Suspended for one year for a first offense, or three years if transporting hazardous materials; and
Revoked for a minimum of ten years for a second or third offense.

*Implied Consent means that any person who holds a CDL is considered to have agreed to such testing. Consent is implied by driving a motor vehicle.

Your operator/chauffeur license may also be suspended or revoked and points may be added to your driving record.

Repeat Offender Laws Require Ignition Interlock

Repeat Offender Laws

Michigan’s Repeat Offender laws are designed to get tough with drivers who repeatedly drive drunk or drive while on a suspended license. Under the laws, you are a Repeat Offender if you have:

Two or more alcohol-related convictions within seven years.
Three or more convictions for driving while your license is suspended or revoked in seven years, resulting in mandatory additional suspensions or revocations.
Three or more alcohol-related convictions within 10 years.

Penalties Under the Repeat Offender Laws

If you are arrested as a repeat offender, the law-enforcement officer will destroy the metal license plate of the vehicle you are driving, whether you own the vehicle or not. A temporary paper license plate will be issued allowing the vehicle to be legally driven. A new metal license plate cannot be issued until your case is resolved in court. Sanctions under the Repeat Offender laws include additional driver license suspensions or revocations, metal license plate confiscation, vehicle immobilization or forfeiture, registration denial, the use of ignition interlock devices, and mandatory substance abuse treatment. Repeat Offenders who cause an accident resulting in a long-term injury or death are charged with a felony and face thousands of dollars in fines and years in jail in addition to other penalties.

Registration denial includes any vehicles that are registered, co-registered, leased, or co-leased. During registration denial, it is a crime to attempt to purchase, lease, or obtain a vehicle. Unless a court order is requested and issued, you may not transfer a vehicle’s registration to any family member if that vehicle is carrying a temporary plate, is immobilized, forfeited, or subject to registration denial. Registration denial continues until you are eligible for relicensing.

Criminal Sentencing/Administrative Consequences - Alcohol Convictions and Driving While License Suspended

A Guide to Ignition Interlock Devices

Ignition Interlock: What you should know

THE LAW:

After October 1, 1999, the law requires a person whose MCL 257.303 alcohol-related denial/revocation is being modified to restrictions must drive the first year of the restrictions with an ignition interlock device installed in the vehicle they are driving. You cannot drive until after the interlock device has been installed on the vehicle you intend to drive, proof of such installation has been submitted to a local branch office of the Secretary of State, and a license has been issued to you by the local branch office of the Secretary of State.

HOW IT WORKS:

An ignition interlock system, referred to as Breath Alcohol Ignition Interlock Device (BAIID) is a breath alcohol analyzer with computer logic and internal memory that interconnects with the ignition and other control systems of a motor vehicle. The purpose of the BAIID is to measure the bodily alcohol concentration (BAC) of an intended driver and to prevent the motor vehicle from being started if the BAC exceeds the .025. The offender can only drive in a vehicle with an ignition interlock device installed. The device will ask for random retests while driving. If you acquire three startup test violations within a monitoring period, or one rolling retest failure, or the device detects tampering, the device will require the instrument to be brought in immediately or

will lock out the driver from further operation. These test violations will result in further extensions of the one year period or the reinstatement of the original order of revocation/denial.

**If you have ANY questions concerning the ignition interlock device installed in your vehicle, ask your installer. Make sure you understand how this device operates before you leave the installer's premises as you will be responsible for the consequences of the device's operation.

COST:

The state does not regulate the cost of ignition interlock devices. However, the Legislature did limit the amount that can be charged to people on low-incomes to a maximum of $1 per day. In order to qualify for this reduced fee your income must fall below 150% of the current Poverty Guidelines of the U.S. Secretary of Health and Human Services. To determine if you may qualify, see your vendor for details. The state law does require copies of the previous years filed State Income Tax forms for verification.

FINAL REPORT:

You must drive with an Ignition Interlock installed on your vehicle and a valid drivers license for at least 1 full year. You may then petition the Drivers License Appeal Division for a hearing. At that hearing you must present your final report(s) issued by your provider(s) to establish the mandatory minimum length of installation required by law.

TROUBLESHOOTING:

If you experience a question or problem that is not covered in your written materials from the vendor, you should first call your vendor’s toll free phone number, unless directed differently by the vendor. If the vendor is unable to help you, then you may contact DLAD. You have the option to change vendors if you choose, but you must have a new device installed within 7 days of removal of the previous one, you are subject to all fees as outlined in your contract with the vendors, you will also need a final report from each vendor to submit at your next DLAD hearing, and you must send your new installation certificate to DLAD. It is to your benefit to keep a notebook and log any problems you encounter, along with all phone calls you make with as much detail information as possible. You should also keep copies of all documents for your own files. If you have a complaint against a vendor, please submit it to DLAD in writing at: Department of State, Driver License Appeal Division, P.O. Box 30196, Lansing, MI 48909-7696.

Anti-drug Laws

Michigan law requires driver license suspensions for drug convictions, even if you were not driving at the time of the offense. If there are no prior drug violations, your driver license is suspended for six months. No restricted license is allowed for the first 30 days. One or more prior drug convictions in seven years means your driver license will be suspended for one year. No restricted license is allowed for the first 60 days. The driver license reinstatement fee is $125. This fee is separate from the reinstatement fee required for any other driving activity.