West Michigan & Grand Rapids Attorneys Assisting You with Your Implied Consent Hearing for over 40 Years
Michigan, like most other states, has enacted an Implied Consent Law. Under the Implied Consent Law, when you obtain your drivers license, you give permission to the State to test the alcohol content of your blood in the event you are arrested for drunk driving. The test will analyze one of the following: your breath, blood, urine or saliva. Normally you will be asked to submit to the DataMaster breath test. This test is performed at the police station, not at the initial traffic stop.
The Implied Consent Law requires you to submit one (1) sample breath on the DataMaster. The officer will request two (2) samples. It is recommended that you REFUSE the second sample so that the officer will have less evidence against you.
It is recommended, however, to SUBMIT to one sample of the DataMaster breath test. If you refuse to submit to the one (1) legally required breath sample, then you will be cited for failure to submit to a chemical test. Once cited for failure to submit to a chemical test, you will have fourteen (14) days in order to schedule an Implied Consent Hearing in which the following issues are discussed:
- Whether the officer had reasonable grounds to believe you were operating a vehicle upon a public highway while intoxicated (OWI). This includes Operating Under the Influence of Intoxicating Liquor (OUIL); a Controlled Substance (OUID); an Unlawful Body Alcohol Content of .08 percent or more (UBAC); or Operating While Visibly Impaired (OWVI).
- Whether you were placed under arrest for one or more of the above offenses.
- Whether you reasonably refused to submit to the chemical test upon the request of the officer.
- Whether you were advised of your chemical test rights pursuant to Section 625(a) of the Michigan Vehicle Code.
If you are successful at the hearing, then your driver’s license will not be suspended. If you are unsuccessful at the hearing, or fail to schedule a hearing within the requisite fourteen (14) days from being cited, then you will receive six (6) points on your license and your license will be suspended for one (1) or (2) years depending on whether it is your first offense or a multiple offense.
If you have been cited for refusal to submit to a DataMaster test, you will need a dedicated, reliable and aggressive attorney who is experienced at appearing at Implied Consent Hearings before the Michigan Secretary of State. Michael F. Kelly and the attorneys of Kelly Law Offices, P.C. have successfully appeared at Implied Consent Hearings for over 40 years.
For a free consultation, please contact Kelly Law Offices, P.C.
For more information on Michigan’s Drunk Driving Laws: click here.