Driver's License Q&A: Breath Test Refusal

Jerry Hopkins heads the Michigan Driver’s License Restoration Division at Hills Law Office and for 30 years worked at the Michigan Secretary of State office overseeing driver’s license litigation. Jerry answers driver’s license questions in this Q&A series reprinted from the Kalamazoo Gazette.
Q: I was arrested for drunk driving and I refused to take a breath test. Now the Secretary of State wants to suspend my driver’s license for refusing the test. Can they do that?

A: There are two types of breath tests that the police could have asked you to take. A Preliminary Breath Test (PBT) that would have been requested before you were arrested which carries a $100 fine. Second, the police can ask you to take the breathalyzer at the jail which can result in a one year suspension of your driving privileges if refused. Sounds like you are accused of refusing the breathalyzer at the jail. Once you receive notice from the police that they intend to ask the State to suspend your license you only have 14 days to contest the suspension by requesting a hearing. If your request for a hearing is not timely the State will automatically suspend your license and add 6 points to your driving record. You should contact an attorney at once to protect your driving privileges.

If you have any questions about Michigan’s driver’s license laws or how to restore a suspended or revoked Michigan driver’s license, Contact Hills Law Office today.


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