Three tests. Three very different prices for saying no.

From August 14 through Labor Day, Michigan police run the annual Drive Sober or Get Pulled Over campaign, which means extra patrols across Metro Detroit looking for impaired drivers. If you're waved over during the next few weeks, you may be asked to take as many as three different tests, and Michigan law treats each one completely differently. One is voluntary with no penalty at all, one costs a small fine to refuse, and one costs a year of your license. Drivers who don't know which is which routinely make the expensive mistake in the first ten minutes of the stop.

What are the three tests, and which one are you facing?

An OWI stop can involve field sobriety tests at the roadside, a preliminary breath test (PBT) on a handheld device at the roadside, and an evidentiary chemical test of breath, blood, or urine at the station or a hospital after arrest. They arrive in roughly that order, and each sits under a different law with a different consequence for refusal, which is why blanket advice like always refuse everything or always cooperate fully gets people hurt in both directions.

Do you have to perform field sobriety tests?

No. The walk and turn, the one leg stand, and the eye tracking test are voluntary in Michigan, and no officer can lawfully compel you to perform them. There's no fine, no points, and no suspension for declining. These tests exist to build probable cause for an arrest, they're graded on clues you can fail while sober, and nerves, age, injuries, footwear, and uneven pavement all count against you. Declining them politely, with something like I'd rather not do any tests, but I'm happy to give you my license and registration, is a lawful choice. Be aware of the honest tradeoff: the officer can still arrest you based on everything else observed, and a prosecutor may later argue the refusal showed you knew you were impaired, so a refusal isn't a free pass, it's just a choice the law lets you make without a defined penalty.

What happens if you refuse the roadside breath test?

The PBT is the small handheld device offered at the roadside, and it occupies a middle category: refusing it is a civil infraction under MCL 257.625a, which means a fine of roughly a hundred to two hundred dollars, but no points and no license action for ordinary drivers. Commercial drivers face stricter rules. The PBT's number is generally not admissible to prove your guilt at trial anyway, because its job is to help the officer decide whether to arrest, so the practical stakes of this particular test are lower than most drivers assume in the moment.

Why is the station test the one you can't walk away from?

Once you're lawfully arrested, Michigan's implied consent law takes over: by driving on Michigan roads you've already agreed to a chemical test of breath, blood, or urine when arrested for OWI. Refuse that test and, under MCL 257.625f, the Secretary of State suspends your license for one year and adds 6 points, and a second refusal within seven years means two years. That suspension is administrative, so it lands even if the OWI charge is later dismissed or you're acquitted, and the officer will usually just get a warrant and take blood anyway, which means the refusal often buys you nothing while costing you a year of driving. We covered the full arrest timeline, including the 14 day implied consent hearing deadline, in what happens after an OWI arrest.

How is a campaign stop different from a normal stop?

It mostly isn't, legally. DUI checkpoints remain illegal under the Michigan Constitution, so even during Drive Sober or Get Pulled Over, an officer still needs an individual reason to stop your car, like a traffic violation or erratic driving. What changes during the campaign window is volume: more patrols, funded overtime, and a lower threshold for following a car that drifts or brakes oddly, which we walked through in our July 4th enforcement post. The rights are the same in August as they are in July. What's different is how many officers are out there exercising theirs.

What should you actually do at the stop?

Be polite, hand over your documents, and say as little as possible, because do you know why I stopped you and how much have you had tonight are evidence gathering questions, not small talk. You can decline the field sobriety tests without penalty, and you can decline the PBT knowing it's a ticket and a fine. If you're arrested, take the chemical test and save the fight for court, where the stop, the arrest, and the testing procedure can all be challenged, rather than handing the state a year of your license on the roadside. And if the arrest already happened, the clock that matters most is the 14 day implied consent deadline, so contact us now, not after your first court date.

Quick answers

Can you refuse field sobriety tests in Michigan?

Yes. Field sobriety tests are voluntary in Michigan and there's no fine, points, or suspension for politely declining them. The officer can still arrest you based on other observations, and a prosecutor may argue the refusal showed consciousness of guilt, but the tests themselves can't be compelled.

What's the penalty for refusing the roadside PBT in Michigan?

Refusing the preliminary breath test is a civil infraction, essentially a ticket with a fine, for most drivers. It carries no points and no license suspension, unlike refusing the evidentiary chemical test after arrest, which triggers a one year suspension under implied consent. Commercial drivers face stricter rules.

Does refusing the chemical test help you beat an OWI?

Usually not. Officers commonly obtain a warrant and take a blood draw anyway, so the state gets its evidence while you still absorb the one year implied consent suspension and 6 points. You have 14 days from the refusal to request the hearing that can challenge that suspension.

Related reading

• Holiday OWI Enforcement in Michigan
• What Happens After an OWI Arrest in Michigan
• Criminal Defense at D.C. Law