Stop Michigan Implied Consent License Suspensions Now
Facing an implied consent license suspension in Michigan after refusing a chemical test? Learn what implied consent means, what triggers a suspension, your options to challenge it, and practical next steps to protect your driving privileges.
What Michigan’s Implied Consent Law Means
Under Michigan’s implied consent statute, a person who operates a vehicle on public roads is considered to have consented to a chemical test of their blood, breath, or urine if lawfully arrested for operating while intoxicated or related offenses. See MCL 257.625c. Before a refusal is recorded, officers must advise drivers of their chemical test rights and the consequences of refusal. See MCL 257.625a.
A refusal that is reported to the Michigan Secretary of State (SOS) can trigger a civil, administrative license suspension that is separate from any criminal OWI case. See MCL 257.625f.
How a Refusal Can Trigger a Suspension
After a lawful arrest and proper advisal of rights, if you decline a properly requested chemical test, an officer may submit a refusal report to the SOS. That report can initiate an administrative action against your license. This civil process is distinct from criminal prosecution and can proceed even if criminal charges are reduced or dismissed. See MCL 257.625f.
Your Right to Contest the Suspension
You generally have a short window to challenge the suspension. In most cases, you must request an implied consent hearing within 14 days of the notice to preserve your rights. See MCL 257.625f(1). At that hearing, the issues are limited by statute and typically include whether: (1) the officer had reasonable grounds to believe you committed an offense described in MCL 257.625c, (2) you were placed under arrest, (3) you were advised of chemical test rights, and (4) you refused the test. See MCL 257.625f(4).
What Happens at an Implied Consent Hearing
A Secretary of State administrative hearing officer evaluates the evidence, including police reports, advisal forms, and testimony, with a narrower focus than a criminal trial. If the statutory elements are established, the SOS must impose a suspension—typically 1 year for a first refusal within 7 years or 2 years for a second. See MCL 257.625f(7). If the refusal is set aside, the administrative suspension may be avoided even while any related criminal case continues.
Restricted Licenses and Workarounds
If an implied consent suspension is imposed, there is no general SOS-issued restricted license specific to that suspension. In some cases, you may petition the circuit court for relief and seek restricted driving privileges based on hardship. See MCL 257.323. Availability and conditions are limited and discretionary, and any criminal-case-related licensing consequences are separate.
Criminal OWI Case vs. Administrative Action
The implied consent suspension is a civil, administrative matter that can run on a different timeline from the criminal OWI case. The issues, burdens, and evidentiary rules differ. Steps taken in one proceeding can affect the other, so coordinating a strategy is essential. See MCL 257.625f.
Immediate Steps to Protect Your License
- Act quickly: submit a timely hearing request (generally within 14 days of the notice) if you intend to challenge the suspension. See MCL 257.625f(1).
- Gather documents: the officer’s report, temporary license paperwork, and any advisal forms.
- Write a timeline while events are fresh: the stop, advisals, test requests, and your responses.
- Identify witnesses and preserve videos, phone data, and location info that may corroborate your account.
- Consult a Michigan attorney experienced in implied consent and OWI matters.
Practical Tips to Strengthen Your Case
- Request in-car and body-cam footage from the agency as soon as possible.
- Save medical or dental records if a condition may have affected breath testing.
- Document any confusion about multiple test requests or contradictory advisals.
- Do not miss the hearing date; ask about remote appearance options if needed.
Driver’s Checklist
- Calendar the 14-day hearing deadline immediately.
- Locate the DI-93 or refusal report and temporary license.
- List all locations and times from the stop through booking.
- Note every advisal you recall and any questions you asked.
- Collect names and contact info for potential witnesses.
- Consult counsel to evaluate circuit-court hardship options.
How an Attorney Can Help
A knowledgeable Michigan defense attorney can assess whether the statutory elements were met, represent you at the SOS hearing, coordinate strategy with any criminal case, and pursue relief in circuit court when appropriate.
Need help now? Our team can move quickly to protect your driving privileges. Request a consultation.
FAQ
How long is a Michigan implied consent suspension?
Typically 1 year for a first refusal within 7 years and 2 years for a second, if sustained. See MCL 257.625f.
Can I get a restricted license during the suspension?
The SOS does not issue a standard restricted license for an implied consent suspension, but you may petition the circuit court for hardship-based relief. See MCL 257.323.
Is the implied consent hearing the same as my OWI case?
No. It is a civil, administrative proceeding with limited issues and different burdens than the criminal case.
What if I missed the 14-day deadline?
You may lose the right to a hearing. Speak with an attorney immediately to assess any remaining options, including potential circuit-court relief.