Michigan’s Implied Consent Hearing Attorney
Michigan’s implied consent hearing attorneys who are experienced and dedicated to assisting those who are accused of refusing a breath or blood test and need the ability to drive to work, school, and medical appointments.
The law regarding the consequences for 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 do refuse, there can be serious consequences, including a one-year driver’s license suspension, and the attorneys with LEWIS & DICKSTEIN, P.L.L.C. can help.
What happens if you are arrested?
If arrested for driving under the influence of alcohol or drug in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). A chemical test can be a datamaster, breathalyzer, or a blood test. Under Michigan’s Implied Consent Law, all drivers are considered to have given their consent to this test (note that this test is at the police station or at a hospital. 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:
- Two points will be added to your driver record.
- Your license will be automatically suspended for one year.
- Without filing a separate appeal with the circuit court, you will not be eligible for a restricted license.
This type of suspension is automatic and it is separate and in addition to any misdemeanor or felony charges that may result from the arrest.
If you are arrested a second time within seven years and again unreasonably refuse the test, six points will be added to your driver 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 that you refused to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your operator’s license will be destroyed and you will be issued a paper permit to drive. The Implied Consent suspension may be appealed. The request for a hearing must be mailed within 14 days of the date of arrest or your driving privileges will be automatically suspended.
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:
- A chemical test is being requested to determine if there is alcohol and/or controlled substances in your body.
- The preliminary breath test must be taken even before an arrest.
- If you refuse the chemical test, it will not be given without a court order and the officer may seek such a court order.
- Refusal will result in the suspension of driving privileges.
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 will be 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 in order for implied consent penalties to be invoked. Warnings of the consequences of refusal typically must be clear and unequivocal. Inadequate or improper implied consent warnings may result in no driver license sanctions being imposed at the administrative hearing.
Even with a refusal, driving privileges can be saved with the right lawyer.
It is possible to save your driving privileges even with a refusal. This is called a hardship appeal. It must be done at the circuit court in the county where you live. This process is complicated and the lawyers at LEWIS & DICKSTEIN, P.L.L.C. can explain the process to you and answer all of your questions.
A refusal does not necessarily mean your license will be suspended.
An implied consent hearing is may be held to determine whether your reason for refusing to take the breath test was legitimate, or reasonable. You have to request the hearing within 14 days of your arrest or you 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 chemical test and that you were lawfully arrested. If he or she fails 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 handling driver license issues in the courts, as well as 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.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.