Michigan Criminal Lawyers Blog
Getting arrested for driving under the influence is a serious offense, however there are more implications for the driver than paying a fine and potential jail time. Did you know that refusing a chemical (breath) test can result in a one-year suspension of your driver’s license?
Under Michigan’s Implied Consent Law (MCL 257.625c), an individual who operates a vehicle in a public place and who is arrested on suspicion of drunk driving is considered to have given his or her consent (implied consent) to submitting to a breath, blood, or urine test in order to determine if and how much of a controlled substance or alcohol is in that person’s blood. If you refuse testing, your driver’s license will be suspended for one year. Further, if you fail to request a hearing with the DAAD (Driver Assessment and Appeal Division) within 14 days, you automatically lose by default.
When a person refuses a second breath test in relation to an offense that occurred within 7 years of the first, his/her license will be suspended for two years. Even if you are not found guilty of DUI or the offense you were charged with, implied consent penalties still stand.
The good news is that if your license is suspended under the Implied Consent Law, it doesn’t necessarily mean there is nothing you can do, and that you won’t be able to drive for an entire year. An experienced Michigan driver’s license restoration attorney may be able to help you obtain a restricted license, which will make it possible for you to drive to work, school, doctor’s appointments, and for other reasons deemed necessary. However, if you appeal in circuit court, there is no guarantee that your license will be reinstated. This is why it is critical that you choose a lawyer who is skilled and capable in this area and who has a winning track record for obtaining positive results.
The fact is most people are not familiar with Michigan’s Implied Consent Law, which means that when they refuse a breath test they have no idea they may lose their privilege to drive for an entire year. The process of appealing the suspension of your license is one that is complex and paper intensive, so be sure to consult with a skilled and knowledgeable Michigan drivers license reinstatement lawyer.