All drivers know that drinking and driving can lead to some serious consequences. But what many people do not realize is that refusing a chemical test can also trigger penalties. And this can happen even if you are never convicted of OWI.
If you are pulled over and arrested for suspected drunk driving, you may be asked to take a chemical test. That is part of Michigan’s implied consent law.
Here is what you need to know about implied consent and whether you can fight a suspension.
What Is Implied Consent in Michigan?
When you drive on the road, you have agreed to Michigan’s implied consent law. But what is it? Under the law, you have agreed to submit to a chemical test if arrested for operating while intoxicated.
Keep in mind that implied consent applies after a lawful arrest. Before an arrest, an officer may request a roadside preliminary breath test. Refusing that test has different consequences.
However, after an arrest, the officer can request a formal chemical test, such as a breath, blood, or urine test. If you refuse that post-arrest chemical test, you can face an automatic license suspension. And this can take even if you are never convicted of drunk driving.
What Happens If You Refuse?
If you refuse a chemical test after a lawful arrest, you will face:
- A one-year driver’s license suspension for a first refusal
- Two years for a second refusal within seven years
- Six points added to your driving record
These penalties are handled separately from your OWI case. You could theoretically beat that charge in court and still lose your license because of a refusal.
That separation surprises many people, and it ends up costing them their license.
Is the Suspension Automatic?
So, after you have been charged, you may want to fight the suspension. You have limited time. In most cases, this is 14 days from the incident. If you do not request a hearing, the suspension will go into effect automatically.
An implied consent hearing is not about whether you were drunk. The hearing will examine four main issues:
- Whether the officer had reasonable grounds to believe you were operating a vehicle while intoxicated
- Whether you were lawfully arrested
- Whether you were properly advised of your rights and the consequences of refusal
- Whether you actually refused the test
If the hearing officer finds in your favor on one of these issues, the suspension may be set aside.
Consider Working with an OWI Attorney
Implied consent hearings move quickly and follow strict procedures. You may need police reports, dashcam footage, and bodycam recordings to prove your case.
This is why working with an experienced Michigan OWI lawyer is the right option. They can identify weaknesses in the officer’s grounds for arrest. In turn, that could result in having this charge dismissed.
Since your ability to drive often affects your job, family responsibilities, and daily life, protecting your license is more than an inconvenience. It is a practical necessity.
Get the Legal Help You Need for an Implied Consent Violation
Michigan’s implied consent law states that if you refuse a chemical test after a lawful arrest, it can trigger serious consequences, including a one-year license suspension. Remember that these penalties are separate from any OWI conviction. If you do not act, they can take effect quickly.
You do have the right to challenge the suspension. But deadlines are short, and the issues are technical.
If you are facing an implied consent suspension, the Law Office of James Fillmore can assist. We will discuss your options and protect your driving privileges. When your license and your future are on the line, you need experienced legal help. Schedule a consultation today.
