Michigan Implied Consent Lawyer — Breath or Blood Test Refusal Defense

Refusing a chemical test after a DUI arrest in Michigan can trigger a separate license suspension, regardless of what happens in the criminal case.

This process is governed by Michigan’s implied consent law and is handled through an administrative hearing with strict deadlines.

Fraiberg & Pernie represents individuals facing implied consent suspensions throughout Michigan, focusing on whether the legal requirements for the refusal were properly followed.

What Michigan Implied Consent Law Means

Under Michigan law, drivers are considered to have agreed to chemical testing if lawfully arrested for DUI.

If a test is refused:

• A separate license suspension may be imposed
• The issue is handled independently from the DUI charge
• The suspension can take effect even if the DUI case is reduced or dismissed

What Happens After a Refusal

If you refuse a breath or blood test:

• A 1-year license suspension may be imposed
• No automatic restricted license is granted
• Points may be added to your driving record
• A DUI charge may still proceed separately

Because this is a civil license matter, it follows a different process than the criminal case.

Critical Deadline — Requesting a Hearing

You typically have 14 days from the date of refusal to request an implied consent hearing.

If no request is made within that timeframe:

• The suspension generally takes effect automatically
• The opportunity to challenge the refusal is lost

This deadline is one of the most important aspects of an implied consent case.

What an Implied Consent Hearing Involves

An implied consent hearing allows you to challenge the suspension before it is finalized.

The hearing focuses on whether:

• The officer had a valid reason for the traffic stop
• The arrest was lawful
• You were properly advised of your rights
• A clear refusal actually occurred

If these elements are not satisfied, the suspension may be set aside.

Can an Implied Consent Suspension Be Challenged?

Yes. These cases often depend on procedural details.

Common issues include:

• Lack of probable cause for the stop
• Improper arrest procedures
• Failure to properly advise rights
• Confusion about whether a refusal occurred
• Incomplete or inconsistent documentation

Even small procedural errors can affect the outcome.

How These Cases Are Evaluated

A structured review typically includes:

• Timeline of the stop and arrest
• Officer instructions and advisement
• Bodycam or dashcam footage
• Written reports and forms
• Consistency between evidence sources

The outcome often depends on whether the legal process was followed correctly.

Possible Outcomes

If the Hearing Is Successful

• No implied consent suspension
• Driving privileges remain intact (subject to DUI case)

If the Hearing Is Not Successful

• 1-year license suspension
• No automatic restricted license
• Additional reinstatement requirements

How Implied Consent Differs From a DUI Case

Implied consent and DUI charges are separate:

• Implied consent: administrative license issue
• DUI case: criminal charge

Both may proceed at the same time, but each is handled independently.

About Matthew A. Fraiberg

Matthew A. Fraiberg has practiced criminal law in Michigan since 1997, including cases involving DUI and driver’s license issues.

His experience includes evaluating arrest procedures, testing requirements, and administrative hearings related to license suspensions.

Common Questions

How long do I have to request a hearing?
Typically 14 days from the date of refusal.

Can I still drive after refusing a test?
Only temporarily, depending on your status before suspension takes effect.

Is refusing better than taking the test?
It depends on the circumstances. Refusal avoids a BAC result but creates separate penalties.

Can the suspension be avoided?
In some cases, yes—if the hearing determines that legal requirements were not met.

Do I still face DUI charges?
Yes. The DUI case proceeds separately.

What To Do After a Refusal

If you have refused a chemical test:

• Review any paperwork provided at the time of arrest
• Track the 14-day deadline carefully
• Preserve details about the stop and interaction
• Seek guidance before requesting a hearing

Speak With a Michigan Implied Consent Lawyer

If you are dealing with a license suspension following a refusal, understanding the process and deadlines is essential.

Call (248) 986-2682 to schedule a confidential consultation.

248-986-2682

Call (248) 986-2682 today.

Related Michigan DUI Resources

Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan

Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney
28+ years experience

What areas does Fraiberg & Pernie serve?

Fraiberg & Pernie represents clients throughout Michigan, including:

• Oakland County

• Macomb County

• Wayne County

We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills; Wayne County including Detroit, Livonia, Canton, Northville, Plymouth, Romulus, Dearborn, Wayne, Wyandotte, Westland, Taylor, Redford, Lincoln Park, Woodhaven, Southgate, and Allen Park; Macomb County including Warren, Sterling Heights, Shelby Township, Mount Clemens, Clinton Township, New Baltimore, Roseville, St. Clair Shores, Eastpointe, and Romeo; Livingston County including Brighton and Howell; Washtenaw County including Ann Arbor, Ypsilanti and Chelsea; Genesee County including Flint and Grand Blanc; and Lapeer County including Lapeer and Metamora.