• Police officers in Michigan have the right to ask any individual suspected of drinking and driving to take a breath test.Police image by Zeno from Fotolia.com
  
  In 2003, Michigan became the 44th state to set the legal alcohol limit for drivers at 0.08 blood-alcohol content (BAC). The National Highway Traffic Safety Administration (NHTSA) estimates that if every state adopted this limit, it could save 400 to 600 lives per year.
  
  In order to determine a driver's BAC, police officers on the scene must conduct sobriety tests, which may include a breath test. Drivers who refuse to take these tests can incur serious punishments.
  
  

Drinking and Driving Laws

• The legal BAC in Michigan is 0.08. If a driver has a higher BAC, he is guilty of driving under the influence (DUI). A driver is also guilty of driving while impaired if he is found to be under the influence of illegal Schedule 1 drugs, cocaine or certain prescription medications. Illegal drugs under the Section 1 classification include heroin, Ecstasy, methamphetamine, Peyote, "magic mushrooms," morphine and marijuana.
  
  It is also illegal in Michigan for anyone under the age of 21 to drive with a BAC content over 0.02, or to have alcohol in the vehicle without an adult present.
  
  

Preliminary Breath Tests

• When a police officer stops a driver on suspicion of DUI, the officer can request field sobriety tests. She can also ask the driver to take a preliminary breath test (PBT). If a driver in Michigan refuses this test, the state may impose a fine of up to $150, plus court costs. If the driver is under 21 and refuses this test, the state adds two points to the individual's driving record.
  
  

Michigan's Implied Consent Law

• A driver arrested for drinking and driving in Michigan must submit to a chemical test to determine his BAC level. Under this law, all drivers implicitly give their consent to take this test. If a driver refuses to take it, the state adds six points to the individual's driving record and suspends his license for one year. If the driver refuses the test again within a seven-year period, the state of Michigan suspends the individual's license for two years.
  
  When the driver refuses to submit to the test, or the test shows a BAC of 0.08 or higher, the arresting officer destroys the license immediately.