877-Ben-Hall 517-798-5801 877-Ben-Hall Awards & Recognition
If you have been arrested for Operating While Intoxicated (OWI) in East Lansing, you may have quickly discovered that Michigan takes impaired driving extremely seriously. What many drivers do not realize is that refusing to take a chemical test after an OWI arrest can trigger immediate and severe consequences.
At Ben Hall Law, our experienced Ingham County criminal defense attorneys help clients navigate these complex situations and protect their driving privileges, reputations, and futures.
Under Michigan’s “Implied Consent Law,” every driver who operates a vehicle on public roads is deemed to have consented to a chemical test if arrested for suspected OWI. This test is usually a blood, breath, or urine analysis to determine the presence of alcohol or drugs in your system.
Refusing to take the test after a valid arrest triggers automatic penalties.
These penalties are separate from any criminal charges related to the OWI itself and can include:
Even if you believe the stop was unfair or that you were not intoxicated, refusing the test does not help your case. It can make it worse.
Michigan’s approach to chemical test refusals is strict. Law enforcement officers are trained to interpret a refusal as noncompliance, not as an exercise of your rights. While you do have the right to remain silent and to request an attorney, you do not have the right to refuse a chemical test after a lawful OWI arrest without facing penalties.
Judges and prosecutors often treat a refusal as an indication that a driver knew they were impaired. This perception can make it harder to defend the underlying OWI charge and may limit your options during plea negotiations.
If you have refused a chemical test, you have only 14 days from the date of your arrest to request a hearing with the Michigan Department of State. This hearing is your opportunity to challenge the suspension of your license. If you miss this deadline, your license will be suspended automatically, and your ability to request a restricted license will be severely limited.
At Ben Hall Law, our attorneys help clients prepare for these hearings, build strong arguments, and work toward preserving their driving privileges whenever possible.
An OWI arrest and refusal can feel overwhelming, especially when you are dealing with license loss, court dates, and uncertainty about what comes next. The consequences move quickly, and the clock starts ticking the moment you are arrested.
If you or someone you love has been arrested for OWI and refused a chemical test in East Lansing or anywhere in Michigan, Call 877-BEN-HALL (517-798-5801) or contact us online right away. Our knowledgeable criminal defense attorneys will help you understand your options and fight for the best possible outcome.