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10 Best, Attorney Client Satisfaction Badge from the American Institute of Criminal Law Attorneys
Top 100 Trial Lawyers Badge from The National Trial Lawyers
Top 100 Badge from America's Top 100 Criminal Defense Attorneys
Avoo Rating, 10.0 Scott Grabel
Top 10, Attorney and Practice Magazine's, Criminal Defense Law Firm

Implied Consent

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.

Refusal to Take a Blood Alcohol Content Test in Michigan

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.

Have a Lawyer Represent You Before the Drivers Assessment an Appeal Division

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 state's Driver Assessment and Appeal Division. You are entitled to have an attorney represent you at the suspension hearing.

Call DUI Attorney Scott Grabel Now For a Free Consultation

At Grabel & Associates, we have represented individuals in all aspects of DUI cases for over 13 years. As experienced Michigan DUI defense lawyers, 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, contact us today at (800) 342-7896 for a confidential consultation.


Client Reviews

If you are reading these reviews you are about to make a decision that will have a large impact on the rest of your life. I choose Grabel and Associates to represent me in my case and I could not have been more satisfied with the level of professionalism and dedication to their clients. I had the opportunity to meet and work with multiple lawyers in the practice all of which showcased a vast knowledge and understanding of the inner workings of the legal system. When you choose Scott Grabel to represent you will open yourself up to all of his resources. Depending on your case Grabel knows experts in all fields. I worked with polygraph examiners, investigators, and forensics experts. Grabel and Associates will defend without prejudice of innocence or guilt. Scott Grabel was able to lead me through every step of the process with great communication the whole way. I would recommend Scott Grabel and Associates to my friends, family and anyone who is in need of representation. B. A.
Best attorney in state of Michigan. Caring and a true friend. Scott was with us every step of the way. He fought for a great injustice for our son and was able to provide an outcome that gave his life back. L. A.
Scott and his firm did an awesome job representing a family member of mine, I would highly recommend him and his firm! They were extremely reliable, trustworthy and very informative and did a great job with the case. I couldn't be happier with the results that we received, I can't speak highly enough about the great job he did. If you are thinking about using his firm, I would highly recommend, I would definitely use his firm again if needed, he is an a great attorney with a great firm, you won't be disappointed! M. F.