THE IMPLIED CONSENT ACT, MCL 257.625(c)
This act became effective in Michigan on November 2, 1967. The Law provides that any driver operating a motor vehicle on Michigan State Highways in places open to the public view or in places generally accessible to motor vehicles MUST CONSENT to a chemical test for BAC if he or she is arrested for certain violations. MCL 257.625c(1)
A driver’s refusal to voluntarily take a chemical test may result in the suspension of his or her license by the Secretary of State. MCL 257.625f.
What is important to understand is that it is possible for a driver to be found not guilty of a drunk driving offense and still lose his or her license if there is a refusal to submit to the chemical test. If the driver consents to the tests he has satisfied the Implied Consent Act requirements.
DRIVER’S LICENSE SANCTIONS FOR REFUSAL
Once a driver refuses the test he or she will have 14 days to request a hearing before the Driver Assessment and Appeal Division. The driver will then appear at a specified Secretary of State branch office or in person depending where they live. All hearings are conducted by licensed attorneys employed by the Department of State.
If you lose the hearing the following penalties apply:
The penalty for a first violation of the Implied Consent Act is a one year suspension of your driver’s license. Additionally, 6 points are added to your record. Restricted privliges are not available from the DAAD.
A first time offender can petition the circuit court for a restricted license.
The Penalty for a second implied consent violation within seven years is a two-year suspension. 6 points are also added to your record. A Circuit court appeal is not available.
Implied Consent Refusals typically take place during Drunk Driving investigations.
It is very important that you speak with an attorney that understand this area of law.
Be careful, some attorneys are competent to handle Drunk Driving cases yet have no idea how to handle an appeal regarding a implied consent refusal.
Mount Pleasant Michigan, lawyer, Todd Levitt has been representing implied consent refusal clients for more than 17 years. Todd Levitt, Northern Michigan Lawyer handles drivers license appeals to circuit court. Todd Levitt is also known as a Upper Peninsula Lawyer as well as a CMU Student Lawyer.
For a free consultation or representation for Drunk Driving, Driver License Restoration or Implied Consent Refusal, call 989-772-6000.