Implied Consent Law in Michigan

Protecting Your Driver's License After a DUI or OWI Arrest

Anyone who is pulled over under suspicion for Driving Under the Influence (DUI), Operating While Intoxicated (OWI) or other offenses is required under state law to submit to a chemical test to determine the amount of alcohol he or she consumed. A bodily alcohol content (BAC) test may be administered at the scene by a police officer or at the station or hospital after your arrest. In some cases, you may be tested twice.

Michigan’s Implied Consent Law requires all drivers to submit to a test or they could face points on their license or having their license suspended. The most common tests conducted by law enforcements are field sobriety tests including preliminary breath tests, DataMaster DMT breath tests and blood tests.

Consequences for Test Refusal

Anyone who refuses to take a BAC test will receive severe punishment. The penalties imposed including the following:

• Six points on your license
• Suspension of your license for one year

You only have a short period of time to challenge your license suspension, so you need a Michigan drunk driving attorney handling your case immediately. Grewal Law PLLC’s team will get to work right away to help you avoid the full suspension.

Besides the penalties above, a second refusal for a test within a seven-year time period results in increased penalties.

These are as follows:

• An additional six points on your license
• License suspension for two years

A BAC is not to be confused with a breath test when you are first pulled over by law enforcement. The penalties for refusing this type of test are typically a small fine and a civil infraction.

Michigan Drunk Driving Attorneys Representing You at License Suspension Hearings

Even though a suspension is automatically issued, there are ways to appeal the decision. Because the license suspension is separate from any criminal charges you are facing you will also need your legal counsel to appear at an administrative hearing. Michigan’s Driver Assessment and Appeal Division will handle the all license suspension hearings related to drunk driving charges. Your defense attorney will have the chance to represent you to help avoid the full license suspension.

Continue reading to learn more about Michigan’s drunk driving test procedures or call (888) 211-5798 to discuss your case.