Refusal to Take Preliminary Breath Test Under Michigan DUI Law
Under Michigan DUI law (M.C.L. 257.625a), if you refuse to submit to a preliminary breath test upon a peace officer’s lawful request, then you will be charged with a civil infraction.
For Commercial Drivers
Michigan DUI law, however, is different with respect to commercial drivers. Under the same DUI law cited above, if you were operating a commercial motor vehicle and you’re requested to submit to a preliminary chemical breath test, then the peace officer is required to advise you that refusing the peace officer’s request to take the test is considered a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service order. Obviously, if after being advised, you actually refuse to take the chemical breath test, then the above punishment will be applicable.
