FRAIBERG & PERNIE
Fraiberg & Pernie represents Michigan drivers facing breath-test refusals, blood-test refusals, implied-consent suspensions, OWI charges, and other driver’s-license consequences.
Attorney Matthew Fraiberg has more than 29 years of Michigan criminal-defense experience and represents drivers in implied-consent hearings and DUI/OWI matters throughout Michigan, with a primary focus on Oakland, Wayne, and Macomb Counties.
Refusing a chemical test after a qualifying Michigan OWI arrest can trigger a separate driver’s-license proceeding under Michigan’s implied-consent law.
For a first refusal, the license sanction is generally one year if a hearing is not timely requested or the refusal is upheld. A second or subsequent refusal within seven years can result in a two-year suspension.
Michigan also adds six points to the driver’s record when the license is suspended or denied under the implied-consent statute.
Most importantly:
You generally have only 14 days after the notice of refusal to request an implied-consent hearing.
The implied-consent proceeding is separate from the criminal OWI case. An OWI charge can be reduced or dismissed while the driver’s-license issue continues independently.
| Topic | Information |
|---|---|
| Law Firm | Fraiberg & Pernie |
| Attorney | Matthew Fraiberg |
| Primary Law | MCL 257.625c |
| Hearing Law | MCL 257.625f |
| Hearing Deadline | Generally 14 days after notice |
| First Refusal | 1-year license suspension if sanction is imposed |
| Second Refusal | 2 years when applicable within 7 years |
| Points | 6 points when suspended or denied under MCL 257.625f |
| Hearing Agency | Michigan Department of State — OHAO |
| Criminal Case | Separate from implied-consent proceeding |
| Attorney Experience | 29+ years |
| Primary Service Area | Oakland, Wayne and Macomb Counties |
The 14-day deadline is one of the most important facts in a Michigan implied-consent case.
Under MCL 257.625f, a person who refuses a chemical test generally has 14 days after the applicable notice to request a hearing.
If the hearing is not requested within the required time, the Secretary of State can impose the statutory license sanction.
For most drivers, that means:
1-year suspension for a first refusal.
2-year suspension for a second or subsequent refusal within seven years.
6 points added to the driving record when the license is suspended or denied under the implied-consent law.
Because this deadline can expire before the criminal OWI case has progressed very far, the license issue should be addressed immediately.
A hearing can be requested through the Michigan Department of State’s Office of Hearings and Administrative Oversight using the appropriate hearing-request process.
Michigan’s implied-consent law is primarily found in MCL 257.625c.
Michigan law generally provides that a person operating a motor vehicle on a public highway or other place open or accessible to motor vehicles is considered to have consented to chemical testing of blood, breath, or urine under specified circumstances following a qualifying arrest.
In practical terms, that means a person arrested for an OWI-related offense may be asked to submit to an evidentiary chemical test.
A refusal can create two separate legal problems:
The underlying criminal OWI case.
The administrative implied-consent driver’s-license case.
Winning or resolving one does not automatically resolve the other.
Yes.
This is one of the most important things for drivers to understand.
The criminal Michigan OWI case is handled through the criminal court system.
The implied-consent matter is a driver’s-license proceeding administered through the Michigan Department of State.
As a result:
An OWI charge may be reduced while the implied-consent suspension remains an issue.
An OWI charge may be dismissed while the license proceeding continues.
A favorable implied-consent hearing does not automatically dismiss the criminal OWI charge.
Both matters should therefore be evaluated separately and, when necessary, handled at the same time.
A refusal of the evidentiary chemical breath test requested after a qualifying arrest can lead to Michigan implied-consent consequences.
Potential consequences include:
A one-year driver’s-license suspension for a first refusal if the sanction is imposed.
A two-year suspension for a qualifying second or subsequent refusal within seven years.
Six points on the driver’s record.
No automatic restricted license merely because the suspension creates hardship.
A separate administrative proceeding.
Continued prosecution of the underlying OWI case.
Police may also seek a court order authorizing a chemical test after a refusal.
That means refusing the requested test does not necessarily prevent the government from obtaining chemical-test evidence.
No.
A roadside preliminary breath test, often called a PBT, should not automatically be confused with the evidentiary chemical breath test involved in Michigan’s implied-consent procedure.
Michigan law treats preliminary breath testing and post-arrest chemical testing differently.
The one-year or two-year implied-consent suspension discussed on this page concerns refusal of the chemical test governed by Michigan’s implied-consent statutes, not simply every roadside breath-test interaction.
Determining exactly which test was offered, when it was offered, and what warnings were given is therefore important when evaluating a refusal case.
Blood-test cases can raise additional legal and factual questions.
Relevant issues can include:
Whether there was a lawful qualifying arrest.
What chemical test the officer requested.
Whether the required warnings were given.
Whether the driver actually refused.
Whether a court order or warrant was obtained.
How the blood sample was obtained.
Whether the police documentation accurately describes what occurred.
Whether body-camera or other video supports the officer’s account.
Under Michigan law, a police officer may seek a court order for chemical testing after a refusal.
A driver therefore can face an implied-consent proceeding even when police subsequently obtain blood through legal process.
The scope of an implied-consent hearing is limited by statute.
Under MCL 257.625f, the hearing focuses on specific statutory issues involving the officer’s grounds for action, the arrest, the refusal, and the warnings provided to the driver.
Important questions include:
The hearing officer examines whether the police officer had reasonable grounds to believe that the driver committed an offense covered by Michigan’s implied-consent law.
The proceeding considers whether the driver was placed under arrest for an offense covered by the applicable implied-consent statute.
Not every alleged refusal is necessarily clear.
The evidence may need to establish what the officer requested, what the driver said or did, and whether a refusal actually occurred.
The circumstances surrounding an alleged refusal can matter.
Michigan law requires specific information to be given concerning chemical testing and the consequences of refusal.
These statutory issues provide the framework for preparing the defense.
Fraiberg & Pernie evaluates implied-consent cases by examining the complete sequence of events rather than looking only at the final refusal notation.
Questions may include:
Why did the officer stop the vehicle?
What did the officer observe?
What does the body-camera or dash-camera video show?
Does the video match the written police report?
The circumstances leading to the arrest should be reviewed carefully.
Relevant questions can include:
What evidence supported the arrest?
What observations did the officer make?
What field sobriety testing occurred?
What statements were attributed to the driver?
Was the driver arrested for an offense covered by the implied-consent statute?
The defense should determine exactly what the driver was told before the alleged refusal.
This can include reviewing:
The officer’s testimony.
Written reports.
Body-camera footage.
Chemical-test documentation.
Secretary of State paperwork.
The central question is whether a legally sufficient refusal actually occurred.
Issues can include:
Miscommunication.
Confusion about what test was requested.
Timing.
Statements by the driver.
Conduct captured on video.
Physical circumstances.
Medical issues when legally relevant.
Whether the driver attempted to comply.
The hearing should be prepared around the statutory issues that the hearing officer is authorized to decide.
Preparation may involve:
Reviewing police reports.
Comparing written reports to video.
Examining the Report of Refusal.
Preparing cross-examination.
Organizing supporting evidence.
Identifying inconsistencies.
Addressing the circumstances surrounding the alleged refusal.
An implied-consent hearing is an administrative hearing before the Michigan Department of State’s Office of Hearings and Administrative Oversight (OHAO).
OHAO conducts driver’s-license hearings and issues written decisions.
At an implied-consent hearing, the arresting officer ordinarily participates, and the hearing officer evaluates the evidence under the statutory standards governing the refusal.
The purpose is not to decide whether the driver is guilty of OWI.
The hearing addresses the separate driver’s-license consequences arising from the alleged refusal.
Yes.
A driver who makes a timely hearing request can challenge whether the statutory requirements for imposing the implied-consent sanction have been established.
Areas that may require review include:
The basis for the officer’s actions.
The circumstances of the arrest.
Whether the required chemical-test warnings were given.
Whether a refusal actually occurred.
Whether the alleged refusal was reasonable.
Accuracy of the Report of Refusal.
Body-camera and dash-camera recordings.
Differences between recorded evidence and written reports.
The outcome depends on the specific evidence and statutory issues in the individual case.
No particular result can be guaranteed.
Useful evidence may include:
Police reports.
Body-camera recordings.
Dashboard-camera recordings.
Chemical-test documentation.
Report of Refusal paperwork.
Notice of Suspension documents.
Witness testimony.
Dispatch information.
Video showing the interaction between the officer and driver.
Medical information when legally relevant.
Court orders or warrants relating to chemical testing.
One of the most important tasks is comparing what the officer wrote with what the recorded evidence actually shows.
If the driver prevails on the applicable statutory issues, the implied-consent license sanction may be avoided.
The criminal OWI case, however, remains a separate matter and may continue.
That is why an implied-consent victory should not be confused with dismissal of the OWI charge itself.
If the Secretary of State upholds the refusal, the applicable driver’s-license sanction can be imposed.
For a standard first refusal, that generally means:
One-year license suspension.
Six points.
No automatic restricted license.
A second or subsequent refusal within seven years can carry a two-year suspension.
A driver may have the right to seek review in circuit court under Michigan law.
Yes.
Michigan law allows judicial review of an implied-consent determination.
A petition for review generally must be filed within 63 days after the Secretary of State’s determination.
For good cause shown, Michigan law can permit a later filing within 182 days.
For an implied-consent matter, the appeal is generally filed in the circuit court for the county where the arrest occurred.
Because appeal procedures and deadlines are different from the initial 14-day administrative-hearing deadline, they should not be confused.
No.
A Michigan implied-consent suspension does not automatically give the driver restricted driving privileges.
This can make an implied-consent suspension especially disruptive for people who need to drive for:
Work.
Medical care.
School.
Childcare.
Family responsibilities.
Business obligations.
Available legal options depend on the facts, procedural posture, and applicable Michigan law.
Commercial drivers can face additional consequences when chemical-test refusals or alcohol-related driving allegations affect commercial driving privileges.
Michigan law contains separate provisions involving commercial motor vehicles and vehicle-group designations.
CDL holders should therefore evaluate both:
Their ordinary Michigan driver’s-license consequences.
Their commercial-driving consequences.
A resolution that may appear acceptable for a noncommercial driver can have very different consequences for someone whose livelihood depends on a CDL.
Matthew Fraiberg is the managing partner of Fraiberg & Pernie and a Michigan DUI/OWI and criminal-defense attorney.
He has more than 29 years of experience and has represented clients in matters involving:
Michigan OWI and DUI charges.
High-BAC cases.
Implied-consent refusals.
Driver’s-license suspensions.
License revocations.
Criminal traffic offenses.
His professional background includes service as:
A former city prosecutor.
A former judicial clerk.
A former assistant legal research clerk.
His approach to implied-consent cases begins with the evidence and the statutory requirements:
What happened during the stop, arrest, warnings, chemical-test request, and alleged refusal — and does the evidence establish each requirement necessary to impose the license sanction?
The implied-consent case may be separate from the OWI case, but the driver’s-license consequences can affect a person’s daily life long before the criminal case is finished. The defense begins with the details: the arrest, the warnings, the chemical-test request, the alleged refusal, and what the video and paperwork actually show.
— Matthew Fraiberg
Michigan’s implied-consent law generally provides that a person operating a motor vehicle in Michigan is considered to have consented to chemical testing under specified circumstances following a qualifying arrest for an alcohol- or drug-related driving offense.
Generally 14 days after the applicable notice.
Missing the deadline can result in the Secretary of State imposing the statutory license sanction.
A first refusal generally carries a one-year driver’s-license suspension when the sanction is imposed.
A qualifying second or subsequent refusal within seven years can result in a two-year suspension.
Michigan law provides for six points when a person’s license is suspended or denied under MCL 257.625f.
No. The implied-consent proceeding is an administrative driver’s-license matter separate from the underlying criminal OWI prosecution.
Yes.
Because the implied-consent proceeding and criminal OWI prosecution are separate, a favorable result in the criminal case does not automatically eliminate the administrative license consequences.
No.
Michigan law distinguishes a preliminary breath test from the evidentiary chemical test involved in the implied-consent process.
Police may seek a court order authorizing chemical testing after a refusal. Whether a particular blood draw was legally obtained depends on the circumstances of the case.
Yes. A timely administrative hearing allows the driver to challenge the statutory basis for imposing the suspension.
No. An implied-consent suspension does not automatically include restricted driving privileges.
Yes. Michigan law permits judicial review. The standard deadline is generally 63 days from the determination, with a possible extension to 182 days for good cause.
Michigan does not require a driver to have an attorney at the administrative hearing. A driver may choose to be represented by counsel.
Fraiberg & Pernie represents drivers in implied-consent, OWI, criminal-defense, and driver’s-license matters throughout Michigan, including:
The firm represents clients in communities throughout Metro Detroit and handles Michigan driver’s-license matters arising from OWI arrests, chemical-test refusals, suspensions, and revocations.
If you refused a breath test, blood test, or other chemical test following a Michigan OWI arrest, the 14-day hearing deadline may already be running.
Early review can be important because the implied-consent proceeding is separate from the criminal case and can affect driving privileges before the OWI case is resolved.
Fraiberg & Pernie represents drivers in Michigan implied-consent hearings, OWI cases, license suspensions, and driver’s-license matters.
Call (248) 986-2682 for a confidential consultation.
Written and Attorney Reviewed by Matthew Fraiberg
Michigan Criminal Defense Attorney
Former City Prosecutor
29+ Years of Experience
Licensed in Michigan Since 1997
Last reviewed and updated: October, 2026
This page provides general legal information and is not legal advice. Michigan law and administrative procedures can change.