The license suspension is part of Michigan\u2019s \u201cImplied Consent\u201d law<\/a>, and we\u2019ll examine it below.<\/p>\n If you have refused a breath or blood test, you need to know what to do. If you don\u2019t take prompt action, you will absolutely lose the ability to drive. This license sanction is required by law.<\/p>\n 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.<\/p>\n My team and I encounter a lot of confusion about whether a person arrested on OWI charges<\/a> in Michigan should submit to a chemical test, or just refuse.<\/p>\n In this article, we\u2019ll learn about Michigan\u2019s Implied Consent law, some of the legal terms commonly used, and why it\u2019s almost NEVER a good idea to refuse a chemical test as well as how we can fix things if you already have.<\/p>\n There are 2 kinds of breath tests in a Michigan DUI<\/a> case:<\/p>\n 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.<\/p>\n This is a civil infraction that carries a fine, no points, and is otherwise not really that big of a deal.<\/p>\n If you refused to take a blood or breath test AFTER your arrest, at the police station, then you were given a paper license<\/a> that reads \u201cOFFICER\u2019S REPORT OF REFUSAL TO SUBMIT TO CHEMICAL TEST<\/strong>.\u201d This IS a big deal because:<\/p>\n The Secretary of State is required, by law, to impose this 1-year suspension and to add 6 points to your driving record.<\/p>\n 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<\/a> and appeal for a restricted license.<\/p>\n To date, and after 30-plus years in practice, my team and I have a 100% success rate<\/strong> in these appeals.<\/p>\n Note that the law also mentions a urine sample. In the real world, there is almost NEVER a request for a urine sample.<\/p>\n In the context of a drunk driving case, a urine test cannot provide any useful information about a person\u2019s blood alcohol content at the time he or she was driving.<\/p>\n Instead, a urine sample simply shows that a person had consumed alcohol earlier.<\/p>\n 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\u2019s system, it cannot always prove actual intoxication at the time he or she was driving.<\/p>\n For example, marijuana metabolites can remain detectable in urine for up to 30 days. This is why urine is almost never collected.<\/p>\n Breath and\/or blood tests are required following a DUI arrest in Michigan under what is known as the Implied Consent law. Here\u2019s how it works:<\/p>\n Although some people don\u2019t remember it, this legality IS covered in driver\u2019s education. Whatever a person may recall (or not), the old saying that \u201cignorance of the law is no excuse\u201d applies in this situation.<\/p>\n If you refuse a breath or blood test after a DUI arrest in Michigan, then you are in violation of the Implied Consent law.<\/p>\n Of course, remembering things clearly can be difficult when someone has over-indulged.<\/p>\n 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.<\/p>\n She was adamant that this did NOT happen.<\/p>\n Of course, as part of our investigation, we requisitioned all video (dash-cam, bodycam, and police station).<\/p>\n 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.<\/p>\n Because she would not submit to the breathalyzer test, a warrant was obtained for a blood draw, and her license was thereafter suspended.<\/p>\n Despite that, we were able to go to court and get driving privileges reinstated for her<\/strong> (see below).<\/p>\n The consequences<\/a> are of refusing the breath test are simple, yet profound:<\/p>\n Now, here\u2019s the good news for anyone who has refused a chemical test and whose license gets suspended:<\/p>\n 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.<\/p>\n To put it bluntly, for a 2nd refusal, he or she is simply out of luck.<\/p>\n Any person convicted of a 2nd DUI in 7 years or a 3rd DUI in 10 years will have his or her driver\u2019s license revoked. If that person is admitted into a sobriety court<\/a> program, the judge can override the state\u2019s revocation<\/strong> of his or her driver\u2019s license and grant restricted driving privileges.<\/p>\n However, a sobriety court judge CANNOT override an implied consent suspension.<\/strong><\/p>\n 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.<\/p>\n 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\u2019s Office.,<\/p>\n 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.<\/p>\n This is rather complicated, but my team and I successfully do it all the time<\/strong>.<\/p>\n 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<\/a>.<\/p>\n 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.<\/p>\n 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 \u201cexamining\u201d the evidence, though, and must put it under what amounts to a \u201clegal microscope.\u201d<\/p>\n Sometimes, there are enough problems with the evidence to get the whole case dismissed.<\/p>\n Most of the time, however, a blood draw following a refusal is done properly enough to stand up legally.<\/p>\n 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.<\/p>\n 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.<\/p>\n A test taken much later will NOT produce a result reflective of the person\u2019s actual blood alcohol content at the time he or she was driving.<\/p>\n That can provide a solid basis to challenge the evidence.<\/p>\n As Michigan DUI defense attorneys, my team and I deal with DUI cases and Implied Consent matters all the time.<\/p>\n We know how to challenge any faulty evidence and get DUI charges dismissed, and how to succeed in implied consent violations.<\/p>\n As noted above, after more than 30 years, and having handled hundreds and hundreds of these matters, we\u2019re proud to boast a 100% success rate at getting Implied Consent suspensions overturned.<\/strong><\/p>\n When faced with an Implied Consent refusal, we must first evaluate whether you have any legal grounds to challenge it.<\/p>\n Under the governing law<\/strong><\/a>, there are only 4 issues that can be challenged at an Implied Consent hearing before the Michigan Secretary of State\u2019s Office of Hearings and Administrative Oversight (OHAO).<\/p>\n 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:<\/p>\n Here is the quick, plain-English explanation of what all that means:<\/p>\n In most cases, # 4 usually holds the most likely chance of success.<\/p>\n 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.<\/p>\n Our law firm CONCENTRATES in Michigan DUI and driver\u2019s license restoration cases. They are the foundation of what we do.<\/p>\n We work with DUI and license issues all day, every day. We have successfully handled thousands upon thousands of DUI and driver\u2019s license restoration cases over the course of more than 30 years.<\/p>\n That\u2019s 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.<\/p>\n My team and I understand that the goal is always to avoid as many legal penalties and negative consequences as possible.<\/p>\n Remember this: When all is said and done, success in a DUI case is best measured by what does NOT happen to you.<\/p>\n We know how to win license appeal cases, and that\u2019s highlighted by our 100% success rate in court overturning Implied Consent suspensions.<\/p>\n 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.<\/p>\n 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. \u2014 Talise A.<\/p><\/blockquote>\n 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. \u2014 Nicole S.<\/p><\/blockquote>\n 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. \u2014 Derek P.<\/p><\/blockquote>\n Hi Everyone –\u00a0I can\u2019t 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!\u00a0\u2014 David<\/p><\/blockquote>\n I wish I could give 100 stars. When they guarantee getting your license reinstated, they mean it! \u2014 Marcus B.<\/p><\/blockquote>\n As genuine Michigan DUI lawyers, my team and I deal with DUI and DUI-related driver\u2019s 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.<\/p>\n Our firm truly believes in helping good people out of bad situations.<\/p>\n 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.<\/p>\n No lawyer can do more, and my team and I will NEVER do less.<\/p>\n Our office always offers a free consultation that is completely confidential and, best of all, done over the phone \u2013\u00a0right when you call.<\/strong><\/p>\n We are very friendly people who will be glad to answer your questions and explain how this all works.<\/p>\n We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. at either 248-986-9700<\/a> or 586-465-1980<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" Michigan\u2019s Implied Consent Law Refusing a breath or blood test following a DUI arrest will cause your driver\u2019s 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\u2019s \u201cImplied Consent\u201d law, and we\u2019ll examine […]<\/p>\n","protected":false},"author":4,"featured_media":7957,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29],"tags":[],"class_list":["post-6109","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-dui"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/6109","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/comments?post=6109"}],"version-history":[{"count":3,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/6109\/revisions"}],"predecessor-version":[{"id":7958,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/posts\/6109\/revisions\/7958"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media\/7957"}],"wp:attachment":[{"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/media?parent=6109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/categories?post=6109"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.randalawyers.com\/wp-json\/wp\/v2\/tags?post=6109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}What Happens if You Refuse a Breath Test in Michigan?<\/h2>\n
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What About Urine Tests?<\/h3>\n
Consequences of Refusing a Breath Test in Michigan<\/h2>\n
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Getting Your License Back After Refusing<\/h3>\n
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Implied Consent and Sobriety Court<\/h3>\n
How Can a Michigan DUI Attorney Help My Case?<\/h2>\n
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The Big Picture<\/h3>\n
Challenging the Refusal<\/h3>\n
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Why Work With Jeffrey Randa and Associates<\/h2>\n
Testimonials<\/h3>\n
Additional Resources<\/h3>\n
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Need Help With a DUI? Call Jeffrey Randa & Associates<\/h2>\n