Health & Fitness
Refusing a Breath Test Under Michigan's Implied Consent Law Can Mean No Driving
Refusing a chemical test after being arrested for DUI in Michigan can result in harsh penalties including a one year license suspension.
In Michigan, you are required by law to submit to chemical testing if you have been arrested for drinking and driving. The Implied Consent Law, MCL 257.625c states: a person who operates a vehicle on a place open to the general public, within this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance in his or her blood if arrested for suspicion of drunk driving.
Implied Consent Law In Michigan
This penalty for a first offense Implied Consent Refusal is 6 points on your driving record, $2,000.00 in driver responsibility fines, and a one year suspension or your driving privileges.
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You have 14 days to request a hearing at the Driver Assessment and Appeal Division branch of the Michigan Secretary of State to contest the refusal. If you do not request an implied consent hearing you will lose by default.
Hardship License Relief for Implied Consent Refusal
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If you fail to request a hearing within 14 days, or if you attended a hearing and lost there is still hope to regain your driving privileges after refusing a chemical test.
Michigan law allows for a Hardship Appeal to the Circuit Court where the arrest occurred. The process is paper intensive and somewhat confusing but a knowledgeable Michigan Driver License Lawyer should be able to navigate the process and obtain a hearing for you. At the hearing a license should be granted to those deserving that demonstrate a hardship.
Implied Consent Lawyer
We were able to obtain a hardship license for our client this past Friday, March 29, 2013 in the Wayne County Circuit Court. Our client was unfamiliar with Michigan’s Implied Consent law, refused the test and ultimately lost her license. She went to the hearing with another lawyer and lost. That is when she called Michigan Driver License Lawyer, Aaron J. Boria, PLLC. We had the matter filed in the circuit court and a date for the hearing in a matter of days. At the hearing the judge quickly granted the petition over the Attorney Generals opposition.
If your license has been revoked for refusing a chemical test contact Michigan Implied Consent Lawyer, Aaron J. Boria (734) 453-7806.
