Michigan Implied Consent

When you applied for your Michigan driver’s license, you were handed a stack of papers to fill out. During the excitement of applying for your license, you might not have carefully read the documents that you were asked to sign. You probably didn’t even notice that in signing the driver’s license application, you agreed to Michigan’s Implied Consent law.

In fact, most people are not aware of the implied consent law until it is too late. The “agreement” you make with the State of Michigan is that if you are ever arrested for driving under the influence, you will submit to a chemical test if asked by the police. The only way that you can obtain your driver’s license is by agreeing to this arrangement.

If you politely decline to take the breath, blood, or chemical test, you will face double the consequences. A refusal will prompt an administrative license suspension with the department of motor vehicles. For a test refusal, your driving privileges may be suspended for one to two years. This suspension occurs even if you are not convicted of DUI or OWI in a criminal court. This is not considered double jeopardy because the case with the department of motor vehicles is civil and not criminal.

Why is there an implied consent law? The State of Michigan wants drivers who are arrested on suspicion of drunk-driving to submit to a chemical test as a way to prove that they were drinking and driving. These chemical tests measure your blood alcohol concentration (BAC). If your BAC is over Michigan’s legal limit of .08 percent, you can be charged with UBAL or “per se” intoxication. If the state has your BAC results, the prosecution has a stronger case against you.

Due to implied consent laws, refusing to take a blood, breath, or urine test can result in more severe penalties than if you had taken the chemical test and failed it.

If you have recently been charged with violating Michigan’s Implied Consent law, it is important to contact an experienced DUI defense attorney as soon as possible. The attorneys at the Law Offices of Patrick T. Barone are ready to answer any questions you may have about your DUI/OWI case.

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