Many Michigan drivers may be unaware of all the conditions they have agreed to when they sign on the dotted line of a Michigan driver's license application. One important condition for every Michigan driver-and even out-of-state motorists driving on Michigan roads-is that of implied consent.
Implied consent means that anyone who obtains a Michigan driver's license or uses Michigan highways agrees to submit to a test to determine your blood-alcohol level upon the request of a Michigan law enforcement officer who suspects that you are operating a motor vehicle while intoxicated. Implied consent means that you do not have the option to say 'no' without consequences — you have already said 'yes' by driving in Michigan.
Innocent Until Proven Guilty? Not True for Alcohol-Related License Suspension
There are many reasons that Michigan drivers might refuse a blood alcohol test. It is also possible that may be unable to provide a sufficient sample due to a medical reason. Regardless of why you refused or couldn't provide a sample, the consequences are the same: license suspension for one year.
Police officers in Michigan have the authority to "destroy" a driver's license and issue a conditional driving paper permit-referred to as a 625g paper permit-after a driver refuses to submit to a field sobriety test. License suspension is an administrative process, meaning that it is separate from any criminal proceedings that may result from the stop. You must use the 625g paper permit until a court hearing is held on any impaired driving charges resulting from the stop and test refusal.
Fighting the License Suspension: The Michigan License Restoration Process
Drivers can appeal the driver's license suspension by first mailing a written appeal to the Driver Assessment and Appeal Division within 14 days of the stop. If you miss the deadline to request a hearing, the license suspension is automatic and will last for one year. If you properly file a license suspension appeal, a hearing will be scheduled to resolve your appeal. You have the right to have a lawyer present at the hearing.
If you have been stopped for operating while intoxicated (OWI) in Michigan and are facing a driver's license suspension, you need to speak with an experienced attorney as soon as possible to defend your driving privileges. Your right to appeal a license suspension expires 14 days after the test refusal! The clock is ticking on the time you have to contact a lawyer for help to fight for your license privileges.
