Michigan implied consent laws

If you are arrested for drunk or drugged driving, you are required to take a chemical test to determine your bodily alcohol content (BAC) or the presence of drugs in your body. Under Michigan's Implied Consent law, all drivers are considered to have given their consent to this test. Refusing to take this test has driver's license consequences that are separate from those that result from any conviction that flows from the traffic stop.  It is imperative to seek legal counsel as soon as possible, due to the administrative deadlines imposed by the Secretary of State. 

You may request an administrative hearing regarding the alleged chemical test refusal.  At the hearing, the law enforcement officer would have to prove certain things before the statutory consequences would apply. If you do not timely request the hearing, or if the officer proves his or her case at the hearing, the following will happen:

• Six points will be added to your driving record.
• Your license will be suspended for 1 year if it is the first time you refused to take the test under the Implied Consent law.
• Your license will be suspended for 2 years if you refused to take the test one or more times within the preceding 7 years. There are no hardship appeals in circuit court for a restricted license in this situation.

Attorney Karen Carver has successfully advocated on behalf of individuals to restore their driving privileges at both Secretary of State administrative hearings and at the Circuit Court level.  Call today to schedule your free consultation to see if Attorney Carver can help keep you driving.