Michigan Implied Consent Law

Michigan's implied consent law dictates that if you're arrested and refuse to take a blood alcohol test, your license will be automatically suspended for one year and six points will be added to your driving record. This is in addition to any penalties you'll receive if you are convicted of drunk driving.

If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test upon receipt of their driver's license. If you refuse a test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for two years. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your Michigan driver's license will be destroyed by the officer and you will be issued a 625g paper permit to drive until your case is resolved in court.

The Implied Consent suspension may be appealed to the Traffic Safety Division. The request for hearing must be mailed within 14 days of the date of arrest or your operator's or chauffeur's license and vehicle group designation or operating privilege will be automatically suspended. You are not required to have an attorney at this hearing, but an attorney may represent you if you wish.