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Clarifying OWI Arrests Without Breath Test Failure in Michigan
In Michigan, the legal term for impaired driving is OWI, which stands for Operating While Intoxicated. While most people associate an OWI arrest with failing a breathalyzer test, that’s only one part of how arrests happen. In fact, you can be arrested for OWI in Michigan even if you haven’t failed a breath test—or haven’t taken one at all.
Michigan law allows officers to arrest a driver based on a combination of factors, not just BAC (blood alcohol content). Observed behavior, physical appearance, driving patterns, and field sobriety test results can all contribute to an arrest decision. Breath tests are a tool—not a requirement—for law enforcement to act when they suspect impaired driving.
This blog post explains how and why someone can be arrested for OWI in Michigan without failing a breath test. We’ll cover the legal standards officers rely on, how evidence is gathered, and what drivers should understand about the arrest process.
Reasonable Suspicion and Probable Cause: The Legal Basis
Every OWI arrest in Michigan starts with reasonable suspicion. This is the standard that allows an officer to initiate a traffic stop. It could be triggered by:
- Weaving or drifting between lanes
- Running a red light
- Speeding or braking erratically
- Driving without headlights at night
Once the stop occurs, the officer gathers information that may lead to probable cause for an arrest. Probable cause does not require a failed breath test. It only requires enough evidence to reasonably believe the driver is impaired.
That evidence can include how the driver speaks, smells, moves, or reacts to questions. A driver who is slurring words, having difficulty providing documentation, or acting confused may trigger additional steps, like field sobriety testing.
This legal framework gives officers significant discretion. Even if a breath test shows a BAC below the legal limit—or if one hasn’t been given yet—officers may still believe the driver is too impaired to operate a vehicle safely.
Field Sobriety Tests as Key Evidence
In Michigan, field sobriety tests (FSTs) are often used to support an OWI arrest. These are physical coordination and cognitive tasks designed to detect impairment from alcohol or other substances. Standardized tests include:
- Horizontal Gaze Nystagmus (eye movement)
- Walk-and-Turn
- One-Leg Stand
Poor performance on these tests—even in the absence of a breath test—can be enough for an arrest. Officers are trained to look for signs such as losing balance, not following instructions, or making repeated errors.
It’s important to note that FSTs are voluntary in Michigan, but refusing to take them may not stop an arrest if other signs of impairment are present. Even individuals who are not under the influence may struggle with these tests due to anxiety, medical conditions, or fatigue. That’s why officers rely on a totality of observations rather than one test or data point alone.
Arrests Based on Drug Impairment Without Alcohol
Michigan’s OWI laws cover more than just alcohol. A person can be arrested for operating a vehicle while impaired by prescription medications, illegal drugs, or marijuana. These substances don’t always register on a breath test—or at least not right away.
If an officer suspects drug impairment, they may bypass breath testing altogether and request blood or urine testing. In some cases, officers trained as Drug Recognition Experts (DREs) are called in to assess the driver. They use a multi-step evaluation protocol to identify drug-related impairment.
Signs like dilated pupils, slow reactions, erratic behavior, or confusion may be enough to support an arrest even in the absence of any alcohol on the breath. This means that a breath test might come back clean, but a person can still be taken into custody for an OWI offense.
Refusing the Breath Test Doesn’t Prevent Arrest
Some drivers assume that refusing a breath test can help them avoid arrest. In Michigan, refusing a preliminary breath test (PBT) at the scene is a civil infraction. But refusing the post-arrest chemical test, which is more official, leads to immediate license suspension under the state’s implied consent law.
In either case, refusal does not prevent arrest. If an officer has other reasons to believe impairment exists—based on driving, speech, appearance, or field tests—they can proceed without a breath test result.
It’s also important to understand that the absence of a BAC reading doesn’t stop the legal process. Officers can and do arrest individuals based on non-BAC evidence, and these cases can still move forward through Michigan’s court system.
Other Evidence That Supports an OWI Arrest
Michigan officers may rely on a wide range of observations to build their case. These include:
- Open containers in the vehicle
- Smell of alcohol or marijuana
- Erratic or aggressive behavior
- Confused or contradictory answers
- Admitting to having a drink or taking medication
Any combination of these signs can form a basis for OWI arrest—even if no breath test has been taken or failed. In many cases, the officer’s narrative report becomes central to the case, especially if it includes detailed descriptions of behavior and observations.
Video footage from dash cams or body cameras may also support the officer’s version of events. All of this evidence helps explain how an arrest can happen even without a measurable BAC at the time of the stop.
OWI Charges Based on Combined or Unknown Substances
Michigan also allows for OWI arrests when the cause of impairment is unknown or involves a combination of substances. A person may be impaired by alcohol, a prescribed medication, over-the-counter drugs, or illicit substances—or any mix of the above.
In such cases, the officer may note that the individual appears intoxicated, even if no single substance is identified at the scene. A toxicology screen ordered later may reveal what’s in the driver’s system, but the initial arrest decision is often made based on behavior alone.
This is especially relevant in situations where the driver is involved in a crash, is unresponsive, or is unable to consent to testing. Michigan law allows officers to proceed with an arrest if they believe impairment is a contributing factor, regardless of whether any one test confirms it on the spot.
FAQ: OWI Arrests Without a Failed Breath Test in Michigan
Can you be arrested for OWI in Michigan without taking a breath test?
Yes. Officers can arrest you based on observed impairment, field sobriety tests, or other evidence—even without a breath test.
What if my breath test result is below 0.08%?
You can still be arrested if the officer believes you’re impaired, especially if drugs are suspected or your behavior suggests unsafe driving.
Is refusing a breath test enough to avoid arrest?
No. Refusal may lead to license suspension and doesn’t prevent the officer from arresting you based on other observations.
Can legal medications lead to an OWI arrest?
Yes. Prescription or over-the-counter drugs that impair your ability to drive can result in an OWI arrest under Michigan law.
Are field sobriety tests required?
No. They are voluntary in Michigan, but refusing them doesn’t guarantee you won’t be arrested if other signs of impairment are present.
What if I wasn’t drinking at all?
You can still be arrested for OWI if the officer believes you’re impaired by something else—like drugs, fatigue, or a medical condition.
Will there be a record of my arrest even without charges?
Yes. Even if charges are dropped later, the arrest itself may appear on your record, depending on the outcome and expungement eligibility.
Conclusion
In Michigan, an OWI arrest doesn’t require a failed breath test. Officers can—and often do—rely on observed behavior, field tests, and other forms of evidence to make a decision. Whether or not a driver submits to testing, the arrest process follows a broad framework designed to detect any form of impairment behind the wheel.
To understand more about how Michigan handles OWI arrests and legal thresholds, check out our main guide on how OWI laws work.
For specific insight into how officers identify impairment during roadside stops, visit our detailed breakdown on what triggers an OWI arrest during a traffic stop.