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Michigan DUI - Implied Consent Law

The implied consent law  became effective in Michigan on November 2, 1967. The law provides that any driver operating a motor vehicle on state highways in places open to public view or in places generally accessible to motor vehicles must consent to a chemical test for bodily alcohol content (BAC) if he or she is arrested for certain violations. 

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. It is thus possible for a driver to be found innocent of a drunk driving offense and still lose his or her license if he or she refuses to take a chemical test. 

If the driver consents to the breath test, he or she has satisfied the requirements of the implied consent law and need not consent to any other kind of chemical test, including blood or urine tests. (Saliva tests are no longer given.) A driver must submit to the police-administered breath test before pursuing a test of his or her own choice.

If you've refused the chemical test, you will have 14 days to appeal this suspension, and have a hearing to determine whether or not you indeed refused, and if your license will be suspended for a year.  

    Insider Information from a  Former Michigan Prosecutor
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