Lansing Breath Test Refusal Lawyer - Implied Consent Suspensions

Ingham County DUI defense attorney Nicholas Leydorf realizes that the majority of Michigan residents are not familiar with implied consent laws in the state, and what it means should you be pulled over on suspicion of driving under the influence. Essentially, you could potentially be subject to serious penalties if you refuse the breathalyzer or other chemical test requested by the arresting officer to determine your BAC (blood alcohol content or concentration) level.

Chemical tests are used to determine an individual's BAC; in Lansing and throughout Michigan, the legal blood alcohol content level is 0.08%. Any test result at a .08 or higher will result in an arrest for drunk driving, often referred to as DUI or OWI (operating while intoxicated).

While you probably don't know it, you gave your consent to be tested for bodily alcohol content in the event you were pulled over on suspicion of operating while intoxicated when you applied for your driver's license. This is a condition of obtaining a license in Michigan, however unless you read through all of the fine print, you likely did not notice or pay attention to this information.

What the Implied Consent Law Means for Michigan Motorists

What does the Implied Consent Law mean for motorists in Lansing and throughout the state? Ultimately, if you refuse a breath test you could face serious consequences that include:

  • Automatic one-year suspension of your driver's license
  • No eligibility for a restricted license unless you file an appeal with the circuit court
  • Six points added to your master driving record on file with the Secretary of State.

These are the consequences for a first-time refusal. Should you refuse a breath test a second time within seven years of the first, your driver's license will be suspended for two years. Implied consent does not apply to PBT or preliminary breath tests administered at roadside, but to breath tests administered at the jail/police station. Failure to submit to a roadside PBT may result in a civil infraction, which carries with it a fine. However, failure to submit to a PBT is not a criminal offense and does not result in license sanctions.

It is important to note that police MUST warn an individual who has been arrested for drunk driving regarding the consequences of refusing a breath test. If you are not adequately advised regarding the possible consequences and implied consent laws, whether your license may be suspended will be determined through an administrative hearing. In addition, if you are not given adequate warning and do submit to a breath or chemical test, whether your legal rights may have been violated will be determined by a jury based on the evidence.

Refusing a breath/chemical test in Michigan is not a crime, however you will face serious consequences if you violate the state's Implied Consent Law. Refusing to take a breath/chemical test can be used as evidence against you should you go to trial for DUI. You may contest your refusal through an Implied Consent Hearing, which must occur within a 45-day time frame of your arrest. An individual has to request an administrative hearing within 14 days of their DUI arrest. Failure to do so within this time period will result in a suspension of their driving privileges.

Contact Ingham County Implied Consent Suspension Attorney Nicholas Leydorf Now

Having your driver's license suspended creates a serious hardship in your life. At The Leydorf Law Firm, we are committed to helping get your license back as quickly as possible. If you have been accused of violating the Implied Consent Law, contact us today at (517) 388-6800.