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What Is an "Implied Consent Hearing"?

Under Michigan law, MCLA 257.625c, by using public streets/highways, we have all been deemed to have automatically granted consent to police officers, to test us for the influence of alcohol/drugs on our ability to drive.  There are a lot of details to "implied consent" cases, such as burden of proof and procedure, but a few points should be made on this general information website:

Implied consent rules only apply, where the driver refuses to give actual consent to the officer, which has already been implied by law.  Because the penalties are stiff (one year hard suspension for the first refusal - without timely request for hearing)... if your record is clean, DO NOT REFUSE TO COOPERATE WITH POLICE.  There are exceptions to this, such as when serious injuries or worse result from an accident; only a licensed and experienced Michigan attorney can advise you on this.

However, know this: YOU HAVE ONLY 14 DAYS FROM THE DATE OF ARREST, within which to request an "implied consent hearing".  If you do, you can still drive, until the license is suspended (if it is suspended) at the Secretary of State hearing. If you fail to make the request within 14 days, your license will be suspended for one year for the first refusal, or two years if this is the second/subsequent refusal within seven years.

Understand as well, that the police officer has the right to choose the type of blood test, breath, blood or urine (the last being the least frequently used, for obvious reasons). Recently, I have noticed the Secretary of State being quite onerous in their interpretation of this.  Specifically, I represented a gentleman whose intoxication behind the wheel, resulted in him striking a telephone pole.  As a result, he broke his femur, and it was obvious at the scene that he would require surgery, and that a medically-related blood draw would be needed.  Unwisely, he refused the blood draw.  Even though Michigan law allows blood drawn for medical purposes to be tested for alcohol, the Secretary of State hearing officer nonetheless upheld the suspension, based on the driver (my client's) apparent ability to converse with emergency/nursing personnel, and his apparent refusal to cooperate with the police, even though they were going to get their blood anyway.  

BOTTOM LINE: Call a licensed and experienced Michigan attorney IMMEDIATELY after a drunk driving arrest, to protect yourself not just on criminal court issues, but also as to Secretary of State/"Implied Consent" issues.

Learn more about Michigan Drivers License Restoration Laws & Options.

A new driver, automatically deemed "probationary" for three years under MCLA §257.310d, demonstrates unsafe driving behaviors, including:
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Michigan is a big place, and particularly in the Detroit area, public transportation is often difficult and unreliable. Legally, driving is a privilege, but as a practical matter, it is an absolute necessity around Southeastern Michigan.
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The Michigan Secretary of State's Office requires driver re-examinations in the following situations, after which driving privileges are denied:
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