Michigan Implied Consent Law


Virtually all states have enacted implied consent laws.

The Michigan Implied Consent Law means that when you applied for a driver’s license, you agreed in advance to comply with requests by law enforcement officers to take chemical tests.  Chemical tests are used to determine the presence of alcohol or drugs in your system if you are stopped and arrested for suspected drunk or drugged driving.

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The Michigan Implied Consent Law applies whether or not you took a preliminary breath test. 

The law requires that you submit to an evidential breath, blood or urine test at the officer’s request if you are arrested.

The law requires that you be advised of your chemical test rights prior to being asked to submit to the test. These rights include the right to have an independent test of your own choosing following the test selected by the police officer. These chemical test rights are read to the suspect from Form DI 177.  This form contains the admonition that refusal to take that test will result in six points being added to your driver’s record and your license will be suspended for one year in the case of a first implied consent refusal.

The suspension would be for two years for a second refusal within seven years pursuant to the Michigan Implied Consent Law.

Suspension is automatic for any refusal and is not affected by the outcome of the underlying criminal case.  That means that the suspension remains in effect even if your case is dismissed or you are found not guilty.

It is important to note that if you hold a Commercial Drivers License (CDL) and refuse to take the preliminary breath test, you will be immediately placed out of service for 24 hours.

While the chemical test rights on the Form DI 177 appear to make suspension of an operator’s license automatic upon a refusal, that is not necessarily true. A person who refuses the test selected by the police officer will be given a Form DI 93. This form is entitled Officer’s Notice of Refusal. It informs the suspect that his or her license will be automatically suspended unless they file a request for hearing before the Secretary of State within 14 days. Following receipt of the hearing request results in the SOS scheduling a hearing before an AHS hearing officer within about six weeks.

Contact us today to preserve your driving privileges!

If you have refused a chemical test following an arrest for suspected drunk or drugged driving, it is imperative that you seek the counsel of an experienced Michigan DUI defense lawyer who can guide you through the complexities of the administrative process and preserve your driving privileges.

To speak with Michigan’s top rated DUI criminal defense attorney call Edward Earl Duke directly at 248-409-0484.

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Bloomfield Hills, MI 48304

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Michigan Implied Consent Law
Article Name
Michigan Implied Consent Law
Experienced Drunk Driving Attorney Edward Duke explains the Michigan Implied Consent Law and what will happen if you refuse to take a chemical test to determine the presence of alcohol or drugs in your system.
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