Implied Consent in Michigan

Michigan’s Implied Consent Law

Michigan’s Implied Consent Law is codified in MCL 257.625c which states in part:

(1)  A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine…

Consent is only implied if the person is placed under arrest for one of the enumerated offenses listed  in MCL 257.625c(a),(b)., including:

• operating a vehicle while intoxicated by alcohol and/or a controlled substance
• operating a vehicle while visibly impaired by alcohol and/or a controlled substance
• causing the death of another while operating a vehicle while intoxicated, impaired, or with any presence of schedule 1 drugs or cocaine
• causing serious injury to another while operating a vehicle while intoxicated, impaired, or with any presence of schedule 1 drugs or cocaine
• zero tolerance—operating a vehicle while under age of 21 years with any alcohol content
• child endangerment—operating while intoxicated, impaired, or with any presence of schedule 1 drugs or cocaine with a passenger under the age of 16 years
• operating with any presence of schedule 1 drugs or cocaine
• refusing a preliminary breath test (PBT) while operating a commercial vehicle
• operating a commercial vehicle with a bodily or blood alcohol content (BAC) of .04 or greater but less than .08
• any moving violation causing death to another
• any moving violation causing serious impairment of body function to another
• reckless driving causing serious impairment of body function to another
• reckless driving causing the death of another
• manslaughter resulting from the operation of a motor vehicle
• murder resulting from the operation of a motor vehicle

If you arrested for one of the above crimes you still must be read your chemical test rights before any test may properly be ordered. However, if a person refuses to take a chemical test that has been properly requested by police this is considered an implied consent refusal and that person’s Driver’s License will automatically be suspended by the Secretary of State for one year under MCL 257.625f(1). Also, 6 points will be placed on the offender’s driving record. The penalty for a second implied consent refusal within 7 years is an automatic 2 year suspension of the driver’s license and an additional 6 points being placed on the person’s driving record.

When a person is released from jail after arrest for one of the above crimes they will be issued a Temporary Driving Permit, attached to the Temporary Driving Permit is a Request for Hearing form which is specifically used when a person wishes to challenge whether the police were proper in requesting a chemical test, and thus, whether or not there was an implied consent refusal leading to the automatic penalties.  This form must be filed with the Secretary of State within 14 days of the arrest in order to stop the automatic penalties for an Implied Consent refusal.

The Implied Consent Hearing

The Implied Consent Hearing  is limited to four issues:

1.   Whether the peace officer had reasonable grounds to believe that the person had committed one of the crimes listed above.
2.   Whether the person was placed under arrest for one of the crimes listed above.
3.   If the person refused to submit to the test upon the proper request of the peace officer to submit to the chemical test, whether the refusal was reasonable.
4.   Whether the person was advised of their chemical test rights.

At Rudoi Law we are experts in Implied Consent hearings. If you or a loved one has refused a chemical test when arrested for Drunk Driving, DUI, OWI, OWVI or any of the above listed offenses it is imperative that you have an Implied consent hearing in order to avoid the suspension of driving privileges and 6 points added to the driving record. Implied Consent Hearings must be conducted properly and it is advised to retain an attorney who has experience with such hearings. Contact Rudoi Law Today so we can help you keep your driving privileges.