What is Implied Consent?

Under Michigan law, driving is a privilege, not an absolute right. If you have a driver’s license and are arrested on suspicion of drunk driving, you are deemed to have consented to a chemical test to determine your blood alcohol content. If you choose to reject this condition, the consequences may be severe.

Consequences for Refusal to Take a Blood Alcohol Content Test

First refusal:

  • License is automatically suspended for one year.
  • Six points will be added to your record

Appeal: You have a very brief window of time to challenge this automatic suspension: if you do not appeal the suspension within 14 days of arrest, it becomes irrevocable.

Second refusal within seven years:

  • License will be suspended for two years
  • Additional six points will be added to your record.

The important thing to consider is that the penalty applies even if you are not intoxicated – it is only a matter of whether you refuse to take the blood alcohol test. The refusal alone is probable cause for the arrest.

Difference From Refusal to Take Breathalyzer Test

The penalties for refusing to take a breathalyzer test are less severe, usually amounting to a civil infraction. However, if you refuse to take a breathalyzer test, you may still be arrest on still be arrested on suspicion of drunk driving and required to take a blood alcohol content test.

Drivers Assessment and Appeal Division

Refusal to consent to blood alcohol test, and its corresponding penalties, are not part of the drunk driving case – they are adjudicated in the state's Driver Assessment and Appeal Division. ZAYID LAW has experienced representing individuals during their suspension hearing and can work to get you the best possible outcome.