Perrone Law, P.C

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221 W. Lake Lansing

Suite 200

East Lansing, MI 48823

Phone: (517) 351-0332

Fax: (517) 913-6287

jacob@perronelawpc.com

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Michigan's Implied Consent Law

If arrested, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license will be suspended for one (1) year and two (2) years for a second or subsequent refusal within seven (7) years. Please be aware that suspension of a license is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six 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 Implied Consent Law or if the test shows your BAC is 0.08 or more, the officer will destroy your driver license, and you will be issued a 625g paper permit on which to drive until your case is resolved in court. There are no hardship appeals for a restricted license the second time you refuse.

You must appeal a driver's license suspension based on a refusal within fourteen (14) days.

Officer's Burden of Proof

The Officer must appear at the hearing and prove by a preponderance of the evidence the followng issues:

  • The officer reasonably believed the person was violating Operating While Intoxicated Law.
  • Your arrest for Operating While Intoxicated was valid.
  • The Refusal of the Chemical Test was unreasonable.
  • The officer read the arrested citizen his or her “Chemical Test Rights”.
  • Implied Consent Hearing

    Implied-consent actions stem from an arrest for drunk driving or any other crime described in MCL 257.625c(1). Implied-consent hearings involve drivers who have allegedly refused to take the chemical test of a law enforcement officer’s choosing, without legal excuse. Prior to the request for the chemical test, the officer must establish reasonable grounds to believe that the driver committed a crime, and that the officer arrested the driver for one of the appropriate violations, and advised the driver of the chemical test rights. When an officer has determined that a driver has refused a chemical test, the officer files a LEIN report of refusal, confiscates the driver’s license, and issues a temporary paper license to the driver. The license is also confiscated if the driver agrees to the breath test and has test results above the legal limit, or if the request is for a blood test, pending the results of the test.

    A driver has fourteen (14) days to appeal an Implied-consent refusal. If an appeal is not requested in a timely manner, the suspension begins automatically. If a timely request for hearing is made, the suspension is “stayed” until the matter can be reviewed at a Driver License Appeal hearing. The burden of proof is on the police officer party by a preponderance of the evidence. You have the burden of proof for any affirmative defenses. License Appeal Hearing Officers have an affirmative duty to assist all unrepresented parties in presenting their case to properly develop a complete record.

    “Chemical Test Rights”

    I am requesting that you take a chemical test to check for alcohol and/or controlled substances in your body.

    IF YOU WERE ASKED TO TAKE A PRELIMINARY BREATH TEST BEFORE YOUR ARREST, YOU MUST STILL TAKE THE TEST I AM OFFERING YOU.

    If you refuse to take this chemical test, it will not be given without a court order, but I may seek to obtain such a court order.

    Your refusal to take this test shall result in the suspension of your operator’s or chauffeur’s license and vehicle group designation or operating privilege, and the addition of six points to your driving record.

    After taking my chemical test, you have a right to demand that a person of your own choosing administer a breath, blood, or urine test. You will be given a reasonable opportunity for such a test. You are responsible for obtaining a chemical analysis of a test sample taken by a person of your own choosing.

    The results of both chemical tests shall be admissible in a judicial proceeding, and will be considered with other admissible evidence in determining your innocence or guilt.

    Hardship Appeals

    If you lose at the Implied Consent Hearing you will receive a driver license suspension. You may petition the Circuit Court for a restricted license basd on undue hardship such as transportation to and from employment or school.