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Michigan Implied Consent Administrative Hearings

If you have allegedly refused to consent to a chemical test, you may make a request for a Michigan Implied Consent Administrative Hearing within 14 days from the arrest.  If you don’t request this Implied Consent Administrative Hearing, your license may be automatically suspended.  According to the rules, the day of the arrest is not including in the 14 day time period and the last day of the 14 day period is a holiday or weekend.

How to tell if you need a Michigan Implied Consent Administrative Hearing:

To determine if you need a Michigan Implied Consent Administrative hearing, simply look at your paper license. If the upper left hand corner has the code DI-177, there is no refusal and no Michigan Implied Consent Hearing is necessary. lf the paper license indicates DI-93 however, you must request a Michigan Implied Consent Administrative Hearing with in the statutory time period.

The difficulties of winning a Michigan Implied Consent Administrative Hearing:
Unlike criminal cases where the state has the burden of proving that you committed the crime “beyond a reasonable doubt”, in Michigan Implied Consent Administrative Hearings, the burden on the state is only “a preponderance of the evidence”.

The state must prove the following in a Michigan Implied Consent Administrative Hearing:

  1. That the peace officer had reasonable grounds to believe that the crime of operating a vehicle while intoxicated;
  2. Whether you were placed under arrest for this crime
  3. That refusal to submit to the chemical test was reasonable
  4. Whether you were advised of your implied consent rights.

more information about Michigan DUIs

This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. You should really seek competent metro Detroit lawyer for advice on any metro Detroit legal matter. If you would like a free consultation regarding your legal case, please feel free to call 248-956-1165.

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