While most Michigan DUI defense attorneys would advise not to submit to roadside breath tests when pulled over on suspicion of driving under the influence, breath or blood tests administered at the police station or hospital are an entirely different matter. If you refuse to submit to either of these tests, you violate the state’s Implied Consent law. Under this law, every person who has a driver’s license and who operates a motor vehicle consents to complying with these tests upon obtaining a driver’s license. So, what happens if you do not comply? Your license is automatically suspended for one year.
If your driver’s license has been suspended due to refusal to take a breath/blood test, you have 20 days to challenge the suspension through a Secretary of State Implied Consent hearing; you must request this hearing. Once you request this hearing, your license cannot be suspended until the hearing is complete. The arresting officer must attend this hearing, however if he/she does not attend the hearing, you win automatically, meaning that your driver’s license will not be suspended.