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What drivers must know about the Implied Consent Law

On Behalf of | Mar 9, 2020 | Criminal Defense

A DUI arrest can be incredibly stressful and overwhelming. Individuals must understand their rights in these situations, so they do not face even more consequences and stress.

That is why every driver on Michigan roads must understand the details of the state Implied Consent Law.

What does “implied consent” mean?

Michigan’s Implied Consent Law requires drivers arrested on suspicion of driving under the influence to take a chemical test. Essentially, this law establishes that all drivers give their consent to be subjected to chemical tests in the event of an arrest.

Chemical tests can include blood, urine and potentially even breath tests that determine an individual’s blood alcohol concentration (BAC).

Can drivers refuse to submit to tests?

Many people hear conflicting statements about whether they can refuse a breath test. However, there are a few different tests individuals might face, and they all have different rules.

In some cases, drivers can refuse the preliminary breath test (PBT). This test is a part of the field sobriety test during the traffic stop. It is important to note that refusing the test could result in a fine, and potentially an arrest if the police find other evidence of drunkenness.

However, refusing to submit to Data Master or chemical tests would violate Implied Consent laws. This could result in:

  • One-year license suspension; and
  • Six points on one’s driving record.

These are separate, additional penalties to those of a DUI. Therefore, even if individuals fight DUI charges and clear their names, they would still face these penalties.

It is possible to appeal the charges under the Implied Consent Law, but individuals must act quickly to do so.

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