What is Implied Consent?
Having a driver’s license in Michigan means that you consent to chemical testing to determine your blood alcohol concentration (BAC) if stopped for driving under the influence (DUI). DUI testing may be done by a breathalyzer test, blood test, or urine test. While you have the right to refuse chemical testing, there are some consequences for doing so. Here’s what you need to know.
Violation of Implied Consent Laws
If you are arrested for drunk driving in Michigan and refuse to take a BAC test:
- First Offense: The penalty is six points on your driving record and your license or, if you have non-resident operating privilege, it will be suspended for one year. Suspension of a license or nonresident operating privilege is an automatic penalty for refusing to take the test.
- Second Offense: If arrested a second time in 7 years and again refuse to take the BAC test, six points will be added to your driver record and your license. If you have non-resident operating privilege, your license will be suspended for two years.
Refusing to take the test under Implied Consent Laws or if testing shows your BAC is 0.08 or higher, your Michigan driver’s license will be destroyed by the peace officer. Under DUI laws in Michigan, a peace officer has a duty to confiscate and destroy the offender’s driver’s license at the time of an alcohol-related driving offense.
The peace officer will issue a temporary driving permit (known as a 625G paper permit). The permit and your information will be registered with the Michigan Secretary of State. While this temporary driving permit does not immediately restrict your driving privileges, it will remain in effect, pending your case resolution in court.
Can You Appeal an Implied Consent Suspension?
Yes, you may appeal your case to the Administrative Hearings Section. Time is of the essence. You must submit your hearing request within 14 from the date of your arrest. Failure to meet this deadline will automatically result in the suspension of your operating privileges. When it comes to appealing an implied consent suspension, having an experienced attorney assist you is your best chance of a favorable decision.
Need Help with a DUI Charge? We Are Here For You
Being charged with a DUI is frightening, and not knowing what to do can make the experience that much more stressful. At Grewal Law PLLC, our team brings over a decade of handling DUI cases. Fighting a DUI charge is complex, and having an attorney in your corner to defend your rights can make all the difference in the outcome of your case. We’ll help you navigate the legal system so you can rest assured that your best interest is in mind.
Call Grewal Law PLLC at (888) 211-5798 to schedule a consultation and learn your rights.