In Michigan, driving on a public road means you are considered to have consented to chemical testing if you are arrested for OWI (MCL 257.625c), and refusing the test brings its own license sanction: a 1-year suspension, or 2 years for a second refusal within 7 years (MCL 257.625f), unless you request a hearing within 14 days of the notice. The refusal sanction is separate from the criminal OWI case and happens even if the criminal charge is later dismissed or reduced.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Refusal and implied consent at a glance
| Implied consent | MCL 257.625c(1). A person who drives on a public highway or other place open to the public is considered to have consented to chemical tests of blood, breath or urine if arrested for an OWI offense. |
|---|---|
| Medical exception | MCL 257.625c(2). A person with hemophilia, diabetes, or a condition requiring an anticoagulant under a physician’s direction is not considered to have consented to a blood draw. |
| License sanction | MCL 257.625f. Suspension or denial for 1 year, or 2 years for a second or subsequent refusal within 7 years. |
| Points | 6 points are entered on the record of a person whose license is suspended or denied for refusal (MCL 257.320a(8)). |
| Hearing deadline | A hearing must be requested within 14 days after the date of notice. It is scheduled within 45 days of arrest and adjudicated within 77 days, subject to delays (MCL 257.625f). |
| Review | After an unsuccessful hearing, a petition for review may be filed in the circuit court of the county of arrest. |
| Roadside breath test | Refusing a preliminary breath test is a civil infraction (MCL 257.625a(2)). It is different from refusing the chemical test after arrest. |
Commercial drivers face harsher refusal sanctions. See our CDL DUI guide.
Your right to an independent test
Under MCL 257.625a(6), a person arrested for OWI must be advised of the right to demand that a person of their own choosing administer one of the chemical tests, and must be given a reasonable opportunity to exercise that right. An independent test can matter to the defense.
What the hearing looks at
- Whether the arrest and the request were lawful. The record of the stop and arrest is reviewed.
- Whether you were properly advised. The rights advisory required by statute must be given.
- Whether you actually refused. A medical condition or a failure to be given a fair chance to comply can be raised.
Missing the 14-day deadline means the suspension takes effect without a hearing, so act quickly.
Related pages: DUI and OWI defense, first-offense OWI, ignition interlock and restricted licenses and license restoration.
Frequently asked questions
What happens if I refuse a breath or blood test in Michigan?
Your license is suspended for 1 year, or 2 years for a second or subsequent refusal within 7 years, unless you request a hearing in time and prevail.
How long do I have to request a hearing?
14 days after the date of notice under MCL 257.625f.
Is refusing the roadside breath test the same as refusing the chemical test?
No. Refusing a preliminary breath test is a civil infraction, while refusing the chemical test after arrest triggers the license sanction under MCL 257.625f.
Talk to a Detroit OWI defense attorney
Call Attorney Kevin Bessant at 313-658-8159. We handle OWI cases from our Detroit, Eastpointe and Southfield offices.
Legal Authority
See MCL 257.625c, 257.625f, 257.625a and 257.320a in the Michigan Legislature’s MCL database. This page is general information, not legal advice.