What to do after refusing a chemical Breath test or Blood test?
Refusing a chemical test in Michigan can result in a one-year suspension under the Implied Consent Law, and sometimes longer if you have a prior implied consent refusal. Knowing your rights are imperative, and filing for a hearing within the deadline is important to keep your license.
Appeal RightsIf you do not appeal within 14 days your operator*s or chauffeur*s license, vehicle group designation
or operating privilege will be automatically suspended. If you wish to request a hearing you must do
so within 14 days of the date of service of Notice of Suspension.
The Notice of Suspension will be your copy of the DI-93 you received when you allegedly refused the chemical test.
Hearing IssuesMCL 257.625f limits the issues appealable at a hearing ONLY to the following:
1. Whether the peace officer had reasonable grounds to believe that you committed a crime
described in MCL 257.625c(1).
2. Whether you were placed under arrest for a crime described in MCL 257.625c(1).
3. If you refused to submit to a chemical test upon the request of the officer, whether the refusal
4. Whether you were advised of your rights under MCL 257.625a.
These are the only issues that can be brought up at the hearing. The hearing is not an easy task, especially without an experienced attorney. If you lose the hearing, your license will be suspended for one-year, and sometimes longer, depending on your record. Losing the hearing, you may appeal to Circuit Court for a restricted license.
Appeal to Circuit CourtThere are several steps that need to be completed for the appeal, and it is recommended that you consult with an attorney for this process.