Michigan DUI Driving Issues: MI OWI License Suspensions

In addition to whatever penalties may be imposed for a criminal DUI charge in Michigan, there are also separate civil penalties that may apply as well. DUI suspects who refuse or fail a chemical test (if their BAC is over .08, or .04 for commercial drivers, or .02 for minors under the age of 21), will automatically have their driver's license suspended. You have a right to appeal this suspension by filing a request for an administrative review hearing with the Driver's License Appeal Board (DLAB). Thus it is possible to have two separate cases (a criminal case and a DLAB case) as a result of the same DUI incident.  Any punishments that result from your administrative case and your criminal DUI case must be served concurrently.

CHEMICAL TEST REFUSALS

Under Michigan's Implied Consent Law, each person who operates a vehicle in Michigan is deemed to have given his/her consent to chemical tests of their blood, breath, or urine for the purpose of determining the presence of alcohol or drugs. Each DUI suspect placed under arrest will be requested to provide a sample of their blood, breath, or urine for chemical testing. The law requires the police to read the DUI suspect his or her implied consent rights prior to requesting a test, which explain the consequences of refusal. If a DUI suspect refuses the test, no test will be given unless the police obtain a warrant.

Following a DUI test refusal, the police will automatically suspended your privileges to drive.  They will destroy your driver's license and issue you 625g paper permit.  This permit will act as your driver's license until your case has been resolved. The police will send what is called a "Notice of Refusal" to the Secretary of State. If you fail to request a hearing within 14 days following your arrest, the Secretary of State will automatically add 6 points to your driving record, and suspend your driver's license for a period of one year, or two years if you previously refused a chemical test within the last 7 years. If, however, you do request a hearing within the 14 day time limit, then no action will be taken regarding your privilege to drive until after a hearing has been held. The hearing is called an "Implied Consent Hearing." 

At an Implied Consent hearing, you and your lawyer may go and contest your chemical test refusal to avoid the suspension of your license. Four issues are considered at the Implied Consent Hearing: (1) whether the police had reasonable grounds to believe you were DUI, (2) whether you were placed under lawful arrest for DUI, (3) whether you reasonably refused to a chemical test, and (4) whether you were properly advised of your implied consent rights.  If any of those four issues are answered in the negative, then your license will not be suspended and your driving privileges will be fully restored.

If the administrative hearing officer finds in favor of the police regarding the above 4 issues by a preponderance of the evidence, your license will be suspended. A suspension following an administrative review may be appealed to the circuit court. Michigan does not allow hardship appeals for a restricted license for a second or subsequent chemical test refusal.

CHEMICAL TEST FAILURE

If you submit to a chemical test of your blood, breath, or urine and your BAC result is .08 or higher (or .04 for commercial drivers, or .02 for minors under the age of 21), the police will destroy your driver's license on the spot. You will be issued a temporary driving permit that will act as your temporary license until your case is resolved.  If you wish to contest your suspension, you must file a request for an appeal within the 14 days following the date of your arrest.  Failure to timely file a request will be considered a waiver of your right to appeal your suspension.