Call Us 24/7 For Help
Patrick T. Barone
The DUI Book
A Michigan Citizen's Handbook on Fighting a Drunk Driving Case
Receive a Free Copy
of The DUI Book.
Michigan Implied Consent
When you applied for your Michigan driver's license, you were handed a stack of papers to fill out. During the excitement of applying for your license, you might not have carefully read the documents that you were asked to sign. You probably didn't even notice that in signing the driver's license application, you agreed to Michigan's Implied Consent law.
In fact, most people are not aware of the implied consent law until it is too late. The "agreement" you make with the State of Michigan is that if you are ever arrested for driving under the influence, you will submit to a chemical test if asked by the police. The only way that you can obtain your driver's license is by agreeing to this arrangement.
If you politely decline to take the breath, blood, or chemical test, you will face double the consequences. A refusal will prompt an administrative license suspension with the department of motor vehicles. For a test refusal, your driving privileges may be suspended for one to two years. This suspension occurs even if you are not convicted of DUI or OWI in a criminal court. This is not considered double jeopardy because the case with the department of motor vehicles is civil and not criminal.
Why is there an implied consent law? The State of Michigan wants drivers who are arrested on suspicion of drunk-driving to submit to a chemical test as a way to prove that they were drinking and driving. These chemical tests measure your blood alcohol concentration (BAC). If your BAC is over Michigan's legal limit of .08 percent, you can be charged with UBAL or "per se" intoxication. If the state has your BAC results, the prosecution has a stronger case against you.
Due to implied consent laws, refusing to take a blood, breath, or urine test can result in more severe penalties than if you had taken the chemical test and failed it.
If you have recently been charged with violating Michigan's Implied Consent law, it is important to contact an experienced DUI defense attorney as soon as possible. The attorneys at the Law Offices of Patrick T. Barone are ready to answer any questions you may have about your DUI/OWI case.
• The Cost of a Michigan DUI
• The Emotional Impact of a Michigan DUI
• Hiring a Michigan DUI Attorney
• Retain the Representation of the Barone Defense Firm
• About Michigan Breath Test Defenses
• Michigan DataMaster Information
• Call The Barone Defense Firm Today
• The Michigan DUI Book
• Other Problems with the DataMaster Breath Machine
• Conviction Consequences for a DUI in Michigan
• Michigan DUI Counseling Information
• Defense Strategies for a Michigan DUI
• About DUI Discovery in Michigan
• Michigan DUI Investigation FAQ
• Our Dedicated Lawyers and Support Staff
• All DUI Lawyers are Not Created Equal in Michigan
• What are the Potential DUI Penalties in Michigan?
• Michigan DUI License Suspension
• About the Michigan DUI Plea Bargain
• How to be a Witness for Your Own DUI Case
• Michigan DUI Field Sobriety Testing
• Definitions of OWI laws in Michigan
• What is drunk driving Per Se crime in Michigan?
• Michigan DUI Pre-Trial Motions
• Sample Michigan DUI Jury Selection and Trial (Part 1)
• Sample Michigan DUI Jury Selection and Trial (Part 2)
• Sample Michigan DUI Completed and Opening Arguments (Part 3)
• Sample Michigan DUI Jury Trial (Part 4)
• Am I Going To Jail For DUI
• DUI Arrest Information and How the Barone Defense Firm Can Help
• Deciding on Trial in a DUI Case
• How to Beat the Breath Test
• Drunk Driving Arraignment
• The Drunk Driving Pre-Trial
• OWI First Offense Information
• About Sobriety Court Law
• The New DUI DataMaster (DMT) Machine
• Super Drunk Law Information
• Parts of the DUI Trial Process
• Sentencing for Drunk Driving
• About The Barone Defense Firm Team
• Unreliability of Field Sobriety Tests