Implied Consent Hearing Attorney

The law regarding the consequences of refusal to take a chemical test (breathalyzer or blood test) can be confusing, and most Michigan drivers have no idea whether to take the test or refuse. If you refuse, there can be severe consequences, including a one-year driver’s license suspension (two years if you refuse a second time within seven years). The implied consent hearing attorneys with LEWIS & DICKSTEIN, P.L.L.C. can help you avoid losing your driving privileges.

What happens if the police arrest you for OWI or DUI in Michigan?

DUI Arrest requirement for chemical test

If arrested for driving under the influence of alcohol or drugs in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). A chemical test can be an Intoxilyzer 9000, breathalyzer, or blood test. Under Michigan’s Implied Consent Law, all drivers impliedly give their consent to this test. Police officers administer chemical tests at the police station or by a blood draw. Implied Consent laws do not apply to roadside tests (preliminary breath tests or PBT). If you unreasonably refuse a breath or blood test, you will incur the following consequences:

The Department of State adds two points to your driving record (five points if you refuse a second time within seven years).
Your driver’s license is suspended for one year (two years if it is the second time within seven years).
Without filing a separate appeal with the circuit court, you will not be eligible for a restricted license.

This type of suspension is automatic. It is separate and in addition to any misdemeanor or felony charges that may result from the arrest.

Suppose you are arrested a second time within seven years and again unreasonably refuse the test. In that case, the Michigan Department of State adds six points to your driving record, and your license, or non-resident operating privilege, will be suspended for two years.

What if I refuse to take a chemical test, such as a breath or blood test?

If a police officer believes you refused to take the test under the Implied Consent Law or the test shows your BAC is 0.08 or more, they will destroy your plastic driver’s license and issue you a paper permit to drive. You can appeal an Implied Consent suspension to the Circuit Court for the county where the officer arrested you. Michigan will automatically suspend your license if you fail to request a hearing within 14 days of arrest.

Second Implied Consent Violation Within Seven (7) Years

If you face a second implied consent violation within seven (7) years, the Michigan Department of State will suspend your license for two (2) years and add six (6) points to your driver’s license. A judge cannot grant a hardship license appeal for a second or subsequent violation.

What are my chemical test rights?

Before your license may be suspended for refusal to take a chemical test, the police officer must advise you of the following:

I request that you take a chemical test to check for alcohol and/or controlled substances or other intoxicating substances in your body. If you were asked to take or took a preliminary breath test before your arrest, you must still take the test I am offering you.

If you refuse to take this chemical test, it will not be given without a court order, but I may seek to obtain such a court order.

Your refusal to take this test shall result in the suspension of your operator’s or chauffeur’s license and vehicle group designation or operating privilege, and the addition of six points to your driving record.

After taking my chemical test, you have a right to demand that a person of your own choosing administer a breath, blood, or urine test.

You will be given a reasonable opportunity for such a test. You are responsible for obtaining a chemical analysis of a test sample taken by a person of your own choosing.

The results of both chemical tests shall be admissible in a judicial proceeding and considered with other admissible evidence in determining your innocence or guilt.

After taking my chemical test, you have a right to demand that a person of your choosing administer a breath, blood, or urine test. You will be given a reasonable opportunity for such a test. You are responsible for obtaining a chemical analysis of a test sample taken by a person of your choosing.

The results of both chemical tests shall be admissible in a judicial proceeding and considered with other admissible evidence in determining your innocence or guilt.

In Michigan, police officers must substantially comply with the statutory warning or advisement requirements for implied consent penalties to be invoked. Warnings of the consequences of refusal typically must be clear and unequivocal. The Secretary of State should not suspend your driver’s license if the officer’s explanation of your rights was inadequate or improper.

It is possible to save your driving privileges, even with a refusal, with a successful hardship license appeal. You must file the appeal in the circuit court in the county where the officer arrested you. This process is complicated, and the lawyers at LEWIS & DICKSTEIN, P.L.L.C. can explain the process and answer your questions.

A refusal does not necessarily mean Michigan will suspend your license.

You can demand an implied consent hearing to determine whether your reason for refusing the breath test was legitimate and reasonable. You must request the hearing within 14 days of your arrest or lose your right to request a hearing. If you win the hearing, there will not be a suspension. The police officer has to prove that you unreasonably refused a breath or blood test and that they lawfully arrested you. If they fail to prove their case, you win!

Can an experienced DUI attorney help me?

The law firm of LEWIS & DICKSTEIN, P.L.L.C., has decades of experience winning driver’s license appeals in courts and Implied Consent Hearings. The firm’s attorneys know the right way to handle these hearings to get a successful outcome and keep you on the road legally. Contact us for a free consultation. We will take the time to listen to what occurred with the officers, look for ways to attack their allegation that you unreasonably refused a chemical test, and work with you to develop a winning strategy to protect your driver’s license. We take pride in providing clients with the highest level of representation and offering fair and affordable fees.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.