Implied Consent & Breathalyzer Refusal in Michigan
Michigan Implied Consent Law
Under Michigan’s implied consent law, if you operate a vehicle on the roads, highways, or interstates, you automatically consent to be subject to a chemical BAC test when arrested for a DUI. Refusing a breath test can cause serious penalties such as driver’s license suspension and points on your driving record.
Before the implied consent law passed in the state in 1970, motorists could refuse to take chemical tests requested by an arresting officer, but it also meant forfeiting the privilege to drive in the state.
At White Law PLLC, we understand that these laws can be quite confusing, and maintaining your driving privilege is important. With more than six decades of collective experience, our Okemos driver’s license restoration lawyers possess the comprehensive knowledge of Michigan driving laws to help you navigate through the complexities of the legal system.
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Facts about Michigan Implied Consent & Breathalyzer Refusal
A first-time offense for those who refuse a breath test results in serious penalties, such as automatic driver’s license suspension for one year and the addition of six points to your driving record (despite not being convicted of DUI charges). A second breathalyzer refusal offense within seven years of the first results in a two-year driver’s license suspension.
Michigan law enforcement must provide clear and unequivocal warnings of the consequences of breathalyzer refusal. However, in order for implied consent laws to be enforced, the breathalyzer test must be administered at the police station. Although refusing the preliminary breath test (PBT) is considered a civil infraction, the penalties are less severe.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
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Just because you refused a breathalyzer does not necessarily mean you will face driver’s license suspension. An implied consent hearing is held to decide whether your reason for refusing to take a breath test was legitimate, or reasonable.
Our Michigan driver’s license lawyers can investigate your case and collect evidence necessary to build an effective and customized defense strategy for you. Let us fight tirelessly for you so we can help you get your life back on track.
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