Like many states, Michigan has an Implied Consent Law. Because driving is a privilege and not a right, the state can place many conditions on your ability to drive. One condition of your driver’s license is that if you are arrested on suspicion of drunk driving, you are deemed to have consented to a chemical test to determine your blood alcohol content.

You may refuse to take a blood alcohol content test. However, the consequences of refusal are severe. Six points will be added to your record, and your license is automatically suspended for one year. You have a very brief window of time to challenge this automatic suspension: if you do not appeal the suspension within 14 days of arrest, it becomes irrevocable. If you refuse a blood alcohol test a second time within seven years, your license will be suspended for two years and an additional six points will be added to your record. These harsh penalties apply regardless of whether you have consumed any alcohol, as long as you have refused a blood alcohol test and the arresting officer has probable cause to believe that you are driving while intoxicated.

These penalties are separate from those for refusing to take a preliminary breath test. The penalties for refusing a preliminary breath test when you are pulled over are relatively minor, consisting of a civil infraction and a small fine. However, regardless of any refusal to take a preliminary breath test, you may still be arrested on suspicion of drunk driving and required to take a blood alcohol content test.

The automatic suspension for failing to consent to a blood alcohol content test is not part of the criminal case for driving under the influence of alcohol. It is an administrative proceeding with the Department of State’s Driver Assessment and Appeal Division. You are entitled to have an attorney represent you at the suspension hearing.

At A. Scott Grabel & Associates, we have represented individuals in all aspects of DUI cases for over 12 years. As experienced Michigan DUI defense attorneys, we will represent you in administrative proceedings with the Department of State, as well as in your criminal case, and will work to limit any suspension of license. If you have been arrested for driving under the influence of alcohol or drugs, call our office today at (800) 342-7896 for a confidential consultation.