The OWI Stop
MCL 257.625 — what Michigan calls it, the numbers, and the two tests
At an impaired driving stop, the sections this page reads say, in short:
- Refusing the roadside preliminary breath test is a civil infraction for most drivers.
- A driver on a public road is considered to have consented to a chemical test on arrest for the offenses the section lists.
- A refused chemical test may not be given without a court order, which the officer may seek.
- An arrested driver may demand that a person of their own choosing give one of the chemical tests.
- Without a hearing requested within 14 days after the notice, a refusal brings a 1 year suspension, or 2 years for a second within 7 years.
- Refusing the chemical test adds 6 points to the driving record.
Michigan calls it operating while intoxicated. The offense covers operating a vehicle on a highway or any place open to the public or generally accessible to vehicles, parking areas included, while under the influence of alcohol, a controlled substance or another intoxicating substance, or with an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
| What the section names | The measure |
|---|---|
| What the section namesOperating while intoxicated | The measureUnder the influence, or 0.08 or more |
| What the section namesThe higher tier in the same section | The measure0.17 or more |
| What the section namesOperating while visibly impaired | The measureThe ability to operate is visibly impaired by alcohol or another substance |
Two different breath tests, with two different answers to refusing. The preliminary breath test at the roadside is one thing: refusing it on a lawful request is a civil infraction for most drivers. The chemical test after an arrest is another: a person who drives on a Michigan highway is considered to have consented to it on arrest for the offenses the section lists, and refusing it leads to a license suspension.
A person arrested has to be told, among other things, that a person of their own choosing may administer one of the chemical tests, that the results are admissible in court, and that if the test is refused it may not be given without a court order, which the officer may seek.
Where a person refuses the chemical test and does not request a hearing within 14 days after the notice, the Secretary of State suspends or denies the license for 1 year, or 2 years for a second refusal within 7 years.
The section also contains a provision that would move the 0.08 figure to 0.10 five years after a certification the state treasurer publishes, under the conditions it sets. Penalties for each tier, and the rules for commercial drivers, are set out in the section and are not covered here.
Sources for this section (4)
- MCL 257.625 — Operating while intoxicated, and operating while visibly impaired
- MCL 257.625a — Arrest without a warrant, the preliminary breath test, and chemical tests
- MCL 257.625c — Consent to chemical tests
- MCL 257.625f — License sanctions for refusing a chemical test
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.