Michigan DUI

License Confiscation

What is Michigan DUI License Confiscation?

Once a person is placed under arrest for suspected drunk or drugged driving, Michigan law imposes certain statutorily defined duties on the arresting police officer with respect to the operator’s license of the suspect.

The duties and procedures to be followed by the arresting officer are set forth in MCL 257.625g. These procedures apply to all law enforcement officers who make traffic arrests irrespective of whether they are city, county or state employees.

The law requires that the arresting officer confiscate and destroy an operator’s license in all of the following :

  • Where the arrested driver refuses a chemical test of his or her blood, breath or urine upon the request of the police officer;

  • Where the arrested driver submits to the chemical test and the results of the test reveal an unlawful bodily alcohol content (BAC) or the presence of a controlled substance or other intoxicating substance, or any combination of them; or

  • Where the arrested driver refuses a chemical test of his or her blood, breath or urine upon the request of the police officer, the officer obtains a court order authorizing and compelling the test and the results of the test reveal an unlawful bodily alcohol content (BAC) or the presence of a controlled substance or other intoxicating substance, or any combination of them.

DRUNK DRIVING AND LICENSE CONFISCATION

For purposes of determining whether the chemical test reveals an unlawful BAC requiring DUI license confiscation and destruction of a person’s operator’s license the following considerations apply: 1) persons who have a BAC of .08 or above; 2) CMV (commercial motor vehicle) operator’s who have a BAC of .04 or above; and 3) operator’s under 21 years of age who have a BAC of .02 or above.

DRUGGED DRIVING AND LICENSE CONFISCATION

For purposes of determining whether the chemical test reveals the presence of a controlled substance or other intoxicating substance, or any combination of them requiring DUI license confiscation and destruction of a person’s operator’s license the following considerations apply: 1) controlled substance means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104; and 2) intoxicating substance means a substance, other than alcohol, a controlled substance or food, that is used in a manner or for a purpose for which it was not intended, and may result in intoxication. MCL 257.625(25)(a)(i) and (ii).

OUT-OF-STATE LICENSE CONFISCATION

It is important to note that police officers are not permitted to destroy out-of-state operator’s licenses because Michigan has no jurisdiction over non-resident’s driving privileges in their home states. However, the information regarding the arrest, charge and disposition is still entered into the Law Enforcement Information Network (LEIN) and the operator’s driving privileges in Michigan may still be affected depending on the ultimate disposition of the case.

TEMPORARY DRIVING PERMIT

Following an arrest the police officer will issue the driver one of two forms: 1) the DI-177 Breath, Blood, Urine Test Report or 2) the DI-93 Officer’s Report of Refusal to Submit to Chemical Test.

The former (DI-177) is issued for “failures”; that is where the arrested driver submits to the chemical test and the results of the test reveal an unlawful bodily alcohol content (BAC) or the presence of a controlled substance or other intoxicating substance, or any combination of them.

The latter (DI-93) is issued where the arrested driver refuses a chemical test at the request of a police officer.

Both forms, the DI-177 and DI-93 include a temporary driving permit that remains valid until the underlying criminal case resolved or a subsequent licensing action has been imposed by the Michigan Secretary of State.

Both permits provide the operator with the same driving privileges they possessed at the time of the arrest. This last point is extremely important because that many police officers erroneously inform drivers who have refused a chemical test that their licenses are immediately suspended after the DUI license confiscation and that the DI-93 Form does not allow them to drive. That is simply incorrect.

REFUSAL TO SUBMIT TO CHEMICAL TEST

The DI-93 refusal form includes an explanation of the operator’s appeal rights which include a request for hearing. It is imperative that the operator who has been cited for a refusal submit his or her request for hearing within 14 days of arrest. Otherwise the operator’s driving privileges will be automatically suspended for at least one year and 6 points will be added to his or her driving record. In that case, the only option for the operator to secure any driving privileges would involve a “hardship” appeal to the circuit court.

If an operator timely appeals a “refusal” report submitted by the arresting officer, the Administrative Hearings Section (AHS) of the Secretary of State will schedule a hearing at one of the branch offices throughout the state. Once the hearing date is scheduled it can only be adjourned once by either party for good cause.

If the officer who issued the DI-93 fails to appear at the hearing the driver automatically prevails by default. If the officer appears the driver may still prevail unless the officer meets the burden of proof with respect to four statutory requirements: 1) that the officer had reasonable grounds to believe that the driver was driving drunk, drugged or impaired; 2) that the driver was placed under arrest for drunk, drugged or impaired driving; 3) that the driver was properly advised of the statutory chemical test rights; and 4) whether the driver’s refusal to submit to the chemical test was reasonable.

HIRE AN EXPERIENCED LAWYER REGARDING YOUR
MICHIGAN DUI LICENSE CONFISCATION

If you or anyone you know has been arrested for suspected drunk or drugged driving and was issued a DI-177 or DI-93 form call Michigan’s Premier DUI Defense Attorney Edward Duke at 248-409-0484 to discuss the specifics of your case.

Click Here to Contact Edward Earl Duke

Contact Us

180 High Oak, Suite 205

Bloomfield Hills, MI 48304

(248) 409-0484

Summary
Michigan DUI License Confiscation
Article Name
Michigan DUI License Confiscation
Description
Important facts regarding license confiscation after a drunk or drugged driving arrest are explained by experienced DUI Lawyer Edward Earl Duke II.
Author
Duke Law Group