WARNING! If you refused to take a breath, blood or urine test after being arrested for OWI/OWVI or another drinking related charge in Michigan, your license may be at risk of being suspended if you do not take appropriate action to demand an administrative hearing within 14 days after your arrest. Contact our office immediately to protect your license.
IMPLIED CONSENT / REFUSAL TO TAKE CHEMICAL TEST
A driver arrested for drunk driving or in the language of the statute “one of the enumerated offenses”
(see below), who refuses to take the chemical test offered by the police will have his or her license
confiscated and destroyed, and will be issued a paper license. This temporary license indicates on it
face that the driver has allegedly refused such a test, and also sets forth the driver’s appellate rights.
This notice also includes the statement that a hearing must be requested within 14 days of the date of the arrest.
You can file the request for a hearing yourself or contact our office and we can prepare and file the
request and appear at the hearing for you. Once you file the request the Driver License Appeal Division
(DLAD) will notify you of a hearing date at which time you and/or your attorney will appear before a
hearing officer with the DLAD. The hearing officer will listen to the arresting officer’s testimony and
to your testimony, then decide whether or not your license will be suspended.A failure to request the
hearing will automatically result in a one or two year suspension, depending on your record. Six points
will also be added to your driving record.
At the hearing you may only contest one or all of the following issues:
- Did the police officer have reasonable grounds to believe you committed a crime listed in MCLA 257.625c(1)? (includes OWI, OWVI, OWI/OWVI causing death or serious impairment, or minor blood alcohol content (BAC), also known as zero tolerance).
- Were you placed under arrest for one of these crimes (see above).
- Did you reasonably refuse to submit to the test offered by the police.
- Were you advised of your rights.
If you are successful at the DLAD hearing, then your license will not be suspended, and no points
will be added to your driving record (unless and until you are convicted of the underlying drinking related offense).
If you are not successful you will lose your license. Under this scenario, you may file an appeal
of the hearing officer’s findings with the Circuit Court, and even if the Circuit Court Judge does
not reverse the hearing officer’s findings, he/she may still order that you be given restricted driving
privileges. IF YOU LOSE THE IMPLIED CONSENT HEARING THIS CIRCUIT COURT PETITION/APPEAL IS THE ONLY WAY
YOU CAN GET RESTRICTED DRIVING PRIVILEGES.
FILING AN “APPEAL” (REQUEST FOR HEARING)
A timely appeal or request for hearing must be made within 14 days. According to DLAD rule 257.302 the
request for hearing must be in writing and include all of the following information: your full name, home
and mailing address, telephone number, date of birth and driver license number and be filed with the
division in Lansing (see address below).
The written request may be sent by regular mail, but it is your responsibility to make sure it is properly
postmarked. The best practice is to send it by registered mail, with a return receipt requested. The hearing
request may also be filed by fax or hand delivered. The Lansing address is:
Driver License Appeal Division
Michigan Department of State
P.O. Box 30196
Lansing, MI 48909-7696
