Implied Consent Hearings
Michigan has an Implied Consent Law. In Michigan, driving is a privilege, not a right; therefore, the state can place conditions on your ability to drive. One of Michigan’s conditions is that if you are arrested on suspicion of drunk driving (OWI), you are deemed to have consented to a chemical test to determine your blood alcohol level (Blood Alcohol Content “BAC”).
You may refuse to take a blood alcohol content chemical test. However, refusal comes with severe consequences. If you refuse to take the chemical test, your driver’s license may be automatically suspended for one year and six points will be added to your driving record. You may appeal the suspension of your license, but you only have 14 days from the date of your arrest before the suspension is irrevocable.
If it is your second time refusing a blood alcohol test, your license will be suspended for two years and another six points will be added to your driving record.
Chemical Test vs. Preliminary Breath Test
There is a difference between the chemical test and the preliminary breath test. The penalty for refusing a preliminary breath test consists of a civil infraction and a small fine. Even if you refuse to take the preliminary breath test, the police officer may still arrest you on suspicion of drunk driving and require you to take the chemical test to determine your blood alcohol level.
If you have refused the chemical rights test, it is important to discuss this aspect of your case with your attorney. Your attorney can file a written appeal to the Secretary of State Drivers Assessment and Appeal Division. This appeal will allow you and your attorney to participate in an administrative proceeding that may help you keep your driver’s license.
Contact Tanis Schultz for Legal Help in Michigan
If you have been charged with drunk driving, operating while intoxicated (OWI), and/or a refusal to take any form of chemical blood alcohol content test, contact Tanis Schultz for a free consultation.
As experienced criminal defense and drunk driving attorneys, we have extensive experience representing clients in all aspects of drunk driving cases. We will work diligently and tirelessly to limit or omit any suspension of your license.