Implied Consent Hearings in Michigan

By January 30, 2015 May 26th, 2016 Criminal Defense Detroit MI

Implied Consent Hearings in Michigan

If you are facing an implied consent hearing in Michigan and do not want to lose your driver’s license.  You need expert legal representation that can fight for you and win!


Implied Consent Suspensions and Hearings

Implied-Consent hearings involve a driver who is alleged to have committed the offense of intoxicated driving (OWI, DUI, Impaired Driving, OWPD, etc…) and refused to take a chemical test chosen by a police officer, without a lawful excuse.  The police officer must have reasonable grounds to believe that the driver committed the offense that is covered by the statute (MCL 257.625c(1)) and the driver must have been properly advised of his or her test rights.  When there is a refusal to test, the officer enters the refusal into the Law Enforcement Information Network (LIEN), confiscates the person’s driver’s license, and issues a temporary paper license.  Your best hope to keeping your driver’s license is with aggressive, effective and experienced legal representation.

Timely Appeal of Alleged Refusal is Extremely Important

A driver has 14 days to appeal the refusal.  If the appeal is not timely, a license suspension is automatic.  The failure to timely appeal is the most common mistake people make.  When you are arrested for drunk driving you are given many documents and it is unlikely that most are properly explained to you.  Also, you are scared, nervous, emotional and possibly highly intoxicated at the time and it is unlikely you will understand what is being explained, even assuming it is explained.  However, the importance of timely filing a request for an appeal cannot be overstated.

At the Implied Consent Hearing

The police officer has the burden of proof by a preponderance of the evidence that the refusal occurred and was unlawful.  A reasonable ground to believe that a person is driving drunk can be determined by a person’s driving, appearance, and demeanor, along with field sobriety tests and a preliminary breath test.  A defense lawyer has the ability to cross-examine the police officer, find weaknesses in their case, and attempt to establish a failure to follow the statutory requirements.  If the hearing officer finds that the burden has not been carried by the officer, the violation is set aside and the driver’s license is not suspended.

Hardship Petitions in Circuit Court

If you lose an implied consent hearing or fail to make a timely request, a petition can be filed in Circuit Court requesting restricted driving privileges based upon hardship.  The burden at circuit court is high and judges can be vary particular with regard to what must be done to win these hearings. The benefit to having a highly experienced driver’s license restoration lawyer is that he will have handled numerous similar cases and will know what needs to be done to give the client the greatest possible chances of winning.

Effective, experienced Michigan driver license attorneys

The laws relative to driving privileges in Michigan are complicated.  There are many deadlines and requirements that must be met in order to comply with the law.  It is important that you have legal representation that has experience in protection and restoration of driving privileges to get you back on the road legally.  The attorneys at Lewis & Dickstein are highly experienced and effective lawyers handling Michigan driver license restoration cases.  Our attorneys also have decades of experience at implied consent hearings.  If you are facing an implied consent hearing or loss of your driving privileges you need the protection of the Michigan driver license restoration litigators with Lewis & Dickstein, P.L.L.C.

Please call us at (248) 263-6800 with any questions you may have or for a free consultation.  We look forward to helping you.  You can complete a Request for Assistance Form and an experienced DLAD lawyer will promptly contact you.