08/03/2026
When people find out I’m a criminal defense lawyer, one of the first questions I’m asked is, “If I get pulled over for a DUI, should I blow?”
There are actually two breath tests. The first is the preliminary breath test (PBT), which is administered during the investigation before an arrest. The second is the chemical test, also known as the Implied Consent test, which occurs after an arrest.
In Michigan, refusing the preliminary breath test generally results in only a $200 civil fine. For that reason, if you’ve been drinking, refusing the preliminary breath test is often the better choice.
Refusing the Implied Consent test, however, carries much more serious consequences than a first-offense OWI conviction. An Implied Consent refusal results in a one-year driver’s license suspension and six points being added to your driving record.
If this is your first offense, it’s almost always better to comply with the chemical test. There are rare situations where you may be close to the legal limit, and delaying the test by refusing it could work to your advantage—for example, if officers need to obtain a search warrant before a blood draw. However, those situations are extremely uncommon and should not be relied upon.
Remember, this video is for informational and entertainment purposes only. Always consult your own attorney before making any legal decisions.