This is a complicated question. Michigan has an "implied consent" law, meaning refusal of a chemical test (breath, blood, or urine) will result in an automatic one-year license suspension, regardless of whether you're eventually convicted of DUI. However, roadside preliminary breath tests (PBTs) are different from the evidentiary tests at the police station. Refusing a PBT is only a civil infraction with a fine. The decision to refuse is personal, but be aware of the significant consequences of refusing the evidentiary test at the station.

Not immediately after arrest, but at your arraignment, the court will confiscate your license and issue a temporary driving permit valid until your case is resolved. If convicted, license sanctions will depend on the specific offense and your prior record. First offenders typically face a 30-day suspension followed by 150 days of restricted driving privileges. Our goal is often to avoid the conviction entirely or reduce it to a charge that doesn't trigger license sanctions.

Breath testing devices are not as reliable as many believe. They can be affected by numerous factors, including calibration issues, maintenance problems, operator error, certain medical conditions (like GERD or diabetes), certain diets (like keto), recent use of mouthwash, and environmental factors. We frequently challenge breath test results by investigating these potential issues and consulting with expert witnesses when necessary.

Michigan's expanded expungement laws now allow for the expungement of a first-offense DUI conviction, provided it was non-serious (no injuries or deaths) and at least five years have passed since your probation ended. However, you can only have one DUI conviction expunged in your lifetime. If you have multiple DUI convictions, only the first may be eligible. We can help determine your eligibility and guide you through the expungement process.

Despite recreational marijuana legalization, driving under the influence of marijuana remains illegal in Michigan. The challenge is that Michigan has a "zero tolerance" policy for certain controlled substances, including THC (the active component in marijuana). This means any detectable amount in your system while driving can result in OWPD charges, even if you weren't actually impaired. Detection of THC in blood tests is particularly problematic as it can remain in your system for days or weeks after use, long after any impairment has subsided. These cases often present strong defense opportunities due to the questionable correlation between THC blood levels and actual impairment.

Out-of-state drivers face additional complications with DUI charges in Michigan. While Michigan can only suspend your driving privileges in Michigan, most states have reciprocity agreements and will honor Michigan's sanctions in your home state. This means you could face license penalties in both states. Additionally, appearing for court dates can be challenging for out-of-state residents. We can often arrange for you to waive appearances for certain proceedings and represent you effectively even if you've returned to your home state.

A DUI conviction typically results in significant insurance premium increases—often doubling or even tripling your rates for several years. You may also be required to file an SR-22 form (a certificate of financial responsibility) with the Secretary of State. Some insurance companies may even cancel your policy. This is yet another reason why fighting the charges or seeking a reduction to a non-alcohol related offense can be financially beneficial in the long run.

An ignition interlock device is a breathalyzer installed in your vehicle that prevents the engine from starting if it detects alcohol on your breath. In Michigan, these devices are required for: drivers with a high BAC conviction (0.17% or higher) seeking a restricted license, repeat offenders seeking license reinstatement, and as a condition of a sobriety court program. The driver is responsible for all costs associated with these devices, including installation, monthly monitoring fees, and calibration, which typically amount to $1,000-$1,500 per year.