Drinking and Driving And Michigan’s Implied Consent Law, Refusing a Chemical Test

Michigan’s Implied Consent Law pertains to the chemical test offered by the police when you are arrested for a drinking and driving offense, such as “operating while intoxicated” or “impaired driving: Commonly, the police ask you to take a breath test. You may ask for a second test of your own choosing and expense if you first take the test which is offered by the police. If you refuse the chemical test offered by the police, the police may obtain a search warrant for a blood test and blood will be drawn or you will be transported to a facility, such as a hospital, for a blood draw by a qualified person.

Again, if arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your blood alcohol content (BAC). Under Michigan’s Implied Consent Law, all drivers are considered to have given their consent to this test and face sanctions for refusal.

Sanctions for Refusal: If you refuse a test, six (6) points will be added to your driver record license will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop or drinking and driving charge. If you are arrested a second time in seven (7) years and again unreasonably refuse the test, six (6) points will be added to your driver record and your license will be suspended for two years. If you refuse to take the test under the Michigan Implied Consent Law, or if the test shows your BAC is 0.08 or more (Operating While Intoxicated) your Michigan driver’s license will be destroyed by the officer and a 625g paper permit to drive will be issued until further action by the State of Michigan as to your license.

Appeal Rights: The Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division (DAAD). The request for hearing must be mailed within 14 days of the date of arrest or your operator’s or chauffeur’s license and vehicle group designation or operating privilege will be automatically suspended without a hearing. You are entitled to have an attorney present for this hearing. However, if you lose at this hearing, you have a right to appeal a first time implied consent suspension to the circuit court where the offense occurred and request a restricted license based upon hardship and need. You may also appeal based upon the merits of the decision of the DAAD hearing officer.