Michigan’s Implied Consent Law

Refusing a breath or blood test following a DUI arrest will cause your driver’s license to be automatically suspended for 1 year. As Michigan DUI lawyers, my team and I deal with these issues all day, every day.

The license suspension is part of Michigan’s “Implied Consent” law, and we’ll examine it below.

If you have refused a breath or blood test, you need to know what to do. If you don’t take prompt action, you will absolutely lose the ability to drive. This license sanction is required by law.

Our firm can help. We have a 100% success rate in getting driving privileges back for people who have refused a breath or blood test. More on that later.

My team and I encounter a lot of confusion about whether a person arrested on OWI charges in Michigan should submit to a chemical test, or just refuse.

In this article, we’ll learn about Michigan’s Implied Consent law, some of the legal terms commonly used, and why it’s almost NEVER a good idea to refuse a chemical test as well as how we can fix things if you already have.

What Happens if You Refuse a Breath Test in Michigan?

There are 2 kinds of breath tests in a Michigan DUI case:

1. The PBT, or “preliminary breath test” offered on the side of the road, or in the backseat of the police car. This roadside breathalyzer is done on a handheld, portable unit, usually after someone has performed other field sobriety tests, and,
2. The formal chemical test, meaning a breath OR blood test requested after arrest. If a breath sample is given, this is done on the big “Intoxilyzer 9000” machine at the police station or sheriff’s station.

If you refused to take a roadside test, or a breath test in the back of the police car, you were probably charged with an additional offense called PBT (or preliminary breath test) refusal. The PBT is used to help establish probable cause for making a DUI arrest.

This is a civil infraction that carries a fine, no points, and is otherwise not really that big of a deal.

If you refused to take a blood or breath test AFTER your arrest, at the police station, then you were given a paper license that reads “OFFICER’S REPORT OF REFUSAL TO SUBMIT TO CHEMICAL TEST.” This IS a big deal because:

• A copy of this form is sent to the Michigan Secretary of State.
• Your driver’s license must be suspended for one year, regardless of what else happens in your DUI case UNLESS –
• You request a hearing within 14 days, and then win it.
• The refusal will always remain on your driving record.

The Secretary of State is required, by law, to impose this 1-year suspension and to add 6 points to your driving record.

Even if the 14 days to request a hearing have passed, or you request a hearing and then lose (almost all are denied), we can still go to court and appeal for a restricted license.

To date, and after 30-plus years in practice, my team and I have a 100% success rate in these appeals.

What About Urine Tests?

Note that the law also mentions a urine sample. In the real world, there is almost NEVER a request for a urine sample.

In the context of a drunk driving case, a urine test cannot provide any useful information about a person’s blood alcohol content at the time he or she was driving.

Instead, a urine sample simply shows that a person had consumed alcohol earlier.

Even when a person is suspected of being intoxicated by drugs, test results from a urine sample are of limited value. While a blood sample can show how much of a certain substance was in a person’s system, it cannot always prove actual intoxication at the time he or she was driving.

For example, marijuana metabolites can remain detectable in urine for up to 30 days. This is why urine is almost never collected.

Consequences of Refusing a Breath Test in Michigan

Breath and/or blood tests are required following a DUI arrest in Michigan under what is known as the Implied Consent law. Here’s how it works:

• When accepting a Michigan driver’s license, you agree to submit to a chemical (meaning either a breath or blood) test if a law enforcement officer has probable cause to believe you are driving while under the influence of alcohol and/or drugs.
• By operating a vehicle in the state of Michigan, any person with a driver’s license issued by another state is legally deemed to have given his or her consent to submit to a chemical test under these circumstances.

Although some people don’t remember it, this legality IS covered in driver’s education. Whatever a person may recall (or not), the old saying that “ignorance of the law is no excuse” applies in this situation.

If you refuse a breath or blood test after a DUI arrest in Michigan, then you are in violation of the Implied Consent law.

Of course, remembering things clearly can be difficult when someone has over-indulged.

For example, one of our clients, pulled over on suspicion of drunk driving, was very angry that the police report stated she had been read her breath test rights at the station before she refused.

She was adamant that this did NOT happen.

Of course, as part of our investigation, we requisitioned all video (dash-cam, bodycam, and police station).

Unfortunately for her, the police station video clearly showed the officer reading her breath test rights directly off the form. More than that, even after she first refused to provide a breath sample, he asked again, explaining that her license would be suspended unless she took the test.

Because she would not submit to the breathalyzer test, a warrant was obtained for a blood draw, and her license was thereafter suspended.

Despite that, we were able to go to court and get driving privileges reinstated for her (see below).

Getting Your License Back After Refusing

The consequences are of refusing the breath test are simple, yet profound:

• For a 1st violation, the driver’s license will automatically be suspended for 1 year AND 6 points will be added to his or her driving record (more on that later).
• For a 2nd violation within 7 years, the driver’s license will be suspended for 2 years (and of course, 6 points are added to the driving record).

Now, here’s the good news for anyone who has refused a chemical test and whose license gets suspended:

• If a person has NO prior Implied Consent violations, he or she can file a petition in the circuit court asking for a restricted license. 
• Different courts have different requirements in these cases. For example, some require that a formal substance use evaluation be filed along with the petition (appeal), while others don’t. 
• As noted above, our firm has handled hundreds of these refusal appeals and boasts an UNBEATABLE 100% SUCCESS RATE.

This relief is ONLY available for a first-time chemical test refusal. If a person has ever had a prior Implied Consent violation, then he or she CANNOT obtain any kind of driving privileges during the mandatory 2-year suspension period.

To put it bluntly, for a 2nd refusal, he or she is simply out of luck.

Implied Consent and Sobriety Court

Any person convicted of a 2nd DUI in 7 years or a 3rd DUI in 10 years will have his or her driver’s license revoked. If that person is admitted into a sobriety court program, the judge can override the state’s revocation of his or her driver’s license and grant restricted driving privileges.

However, a sobriety court judge CANNOT override an implied consent suspension.

Only a circuit court judge can do that. An implied consent refusal suspension can only be reversed after a person files and then wins a formal hearing in circuit court.

To set this all up, a person must submit the correct pleadings in court and then serve them on the county prosecutor and the Secretary of State through the Michigan Attorney General’s Office.,

Thus, anyone who has been suspended for a refusal CANNOT get a sobriety court license unless and until he or she first goes to circuit court and gets the Implied Consent suspension overturned.

This is rather complicated, but my team and I successfully do it all the time.

How Can a Michigan DUI Attorney Help My Case?

When someone refuses a breath or blood test after a DUI arrest, then a warrant will be obtained, and a blood sample taken for analysis by the Michigan State Police (MSP) Crime Laboratory.

EVERYTHING about the collection and analysis of that blood sample must be closely examined for any legal problems. In the real world, this area is one of the most fertile for things to be found and used in a successful challenge to the evidence.

The ability to properly examine the evidence is a fundamental skill for a criminal defense attorney. A real DUI lawyer needs to go beyond merely “examining” the evidence, though, and must put it under what amounts to a “legal microscope.”

Sometimes, there are enough problems with the evidence to get the whole case dismissed.

Most of the time, however, a blood draw following a refusal is done properly enough to stand up legally.

Even so, our job is to carefully evaluate every single bit of the evidence with the determination to find something wrong with it, and my team and I NEVER do anything less.

In the context of an Implied Consent refusal, we need to also examine the time element because any significant delay between the refusal, getting the warrant, and the actual blood draw can impact the DUI case.

A test taken much later will NOT produce a result reflective of the person’s actual blood alcohol content at the time he or she was driving.

That can provide a solid basis to challenge the evidence.

The Big Picture

As Michigan DUI defense attorneys, my team and I deal with DUI cases and Implied Consent matters all the time.

We know how to challenge any faulty evidence and get DUI charges dismissed, and how to succeed in implied consent violations.

As noted above, after more than 30 years, and having handled hundreds and hundreds of these matters, we’re proud to boast a 100% success rate at getting Implied Consent suspensions overturned.

Challenging the Refusal

When faced with an Implied Consent refusal, we must first evaluate whether you have any legal grounds to challenge it.

Under the governing law, there are only 4 issues that can be challenged at an Implied Consent hearing before the Michigan Secretary of State’s Office of Hearings and Administrative Oversight (OHAO).

The arresting officer will have to provide testimony, and the person accused of refusing may also testify, but he or she is not obligated to do so. Here are the 4 legal issues that can be contested:

1. Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in section 625c(1).
2. Whether the person was placed under arrest for a crime described in section 625c(1).
3. If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
4. Whether the person was advised of the rights under section 625a(6).

Here is the quick, plain-English explanation of what all that means:

1. Was the police contact with you based on reasonable grounds?
2. Were you arrested for a DUI or an alcohol-related traffic offense?
3. Did you have a good reason to refuse the test? Remember being really drunk or not remembering that you’re required to submit to a chemical test law is NOT an excuse.
4. Were you properly advised of your rights regarding a chemical test?

In most cases, # 4 usually holds the most likely chance of success.

As noted above, though, even if a person had NO good defense to an Implied Consent violation, we can always file for a restricted license in circuit court.

Why Work With Jeffrey Randa and Associates

Our law firm CONCENTRATES in Michigan DUI and driver’s license restoration cases. They are the foundation of what we do.

We work with DUI and license issues all day, every day. We have successfully handled thousands upon thousands of DUI and driver’s license restoration cases over the course of more than 30 years.

That’s experience you can count on. Our singular goal in every case is to produce the best results possible. We know exactly what to do when there is a report of refusal.

My team and I understand that the goal is always to avoid as many legal penalties and negative consequences as possible.

Remember this: When all is said and done, success in a DUI case is best measured by what does NOT happen to you.

We know how to win license appeal cases, and that’s highlighted by our 100% success rate in court overturning Implied Consent suspensions.

Our firm is made up of caring and honest people. You can put your trust in us and our legal advice because we really believe that our mission is to help good people out of bad situations.

Testimonials

Attorney Jeff and his team are absolutely amazing! I highly recommend contacting and using their services. They will treat your case with care and support throughout the entire DUI process. I greatly appreciate their expertise and fast responses to any concerns I had. Beth is very kind and helpful as you are going through this process. Every one on the team treats you with respect and wants the best outcome for you. They are the number one, second to none firm. Thank you again. — Talise A.

Attorney Jeff and his team were the best throughout this difficult DUI situation. I would recommend this law office because they will fight on your behalf and they are caring people which made all the difference in going through this DUI. Thanks again for helping us through this life changing experience. — Nicole S.

Just two words describe them “The Best”. They handled my case with ease. Gave me advice and the tools to get me the best case possible. — Derek P.

Hi Everyone – I can’t believe you got MY WHOLE DUI CASE THROWN OUT! Everyone was nice, Ann and Beth, you were great, and my lawyers worked hard, told me to be patient, and then got the whole case dismissed. Best decision I ever made was to hire you guys. Thank you, Jeffrey Randa and Associates! I highly recommend your firm! — David

I wish I could give 100 stars. When they guarantee getting your license reinstated, they mean it! — Marcus B.

Additional Resources

• License Revoked for DUI’s? Here is the Process to Get it Back: There are very specific requirements that must be met to restore a driver’s license that has been revoked for multiple DUI’s. Even those people who get a sobriety court license must go through the appeal process to regain full, unrestricted driving privileges.
• DUI and Gender Differences: Do gender differences matter in a DUI case? While they generally don’t affect how DUI charges are handled in court, gender differences can significantly impact how the person going through the process experiences it.
• Remove a Michigan “Hold” on Your Driving Record to Get a License in Another State: Here is the process for someone who resides out of state and needs to remove a Michigan revocation hold on his or her driving record.

Need Help With a DUI? Call Jeffrey Randa & Associates

As genuine Michigan DUI lawyers, my team and I deal with DUI and DUI-related driver’s license restoration issues all day, every day. This is the focus of our practice. We have successfully handled thousands upon thousands of cases, and we can help you, as well.

Our firm truly believes in helping good people out of bad situations.

We also believe that success in a DUI case is best measured by what does NOT happen to you. The goal in every case is to avoid as many of the legal penalties and negative consequences as possible.

No lawyer can do more, and my team and I will NEVER do less.

Our office always offers a free consultation that is completely confidential and, best of all, done over the phone – right when you call.

We are very friendly people who will be glad to answer your questions and explain how this all works.

We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. at either 248-986-9700 or 586-465-1980.