If you are arrested for drunk driving in Michigan, in addition to facing criminal charges, you will also have to face civil administrative penalties with Michigan’sSecretary of State Driver Traffic Safety Division (TSD). The TSD will determine whether or not your driver’s license will be restricted, suspended, or revoked as a result of your drunk driving conviction. Read on to learn more.
Michigan’s Implied Consent Law
Under Michigan’s implied consent law, all drivers are considered to have given their consent to take a chemical test to determine their blood alcohol content (BAC) level if arrested for drunk driving. Upon arrest, if you refuse to take the test without good cause, your driver’s license will be automatically suspended for one year and six points will be added to your driver’s license.
If you are arrested for drunk driving within seven years of your first arrest, and refuse to take the test a subsequent time without good cause, then your driver’s license will be automatically suspended for two years and six points will be added to your driver’s license.
If you refuse the chemical test or the chemical test results show that your BAC is .08% or higher, your driver’s license will be destroyed by the police officer and you will be issued a temporary permit to drive until your criminal case is resolved. To avoid an automatic implied consent suspension, you must request a hearing with the TSD within 14 days from the date of your arrest,.
Civil Administrative Implied Consent Hearing
The TSD hearing will determine if your driving privileges will be suspended for one or two years. It is best to have an experienced attorney throughout the TSD administrative hearing process. As mentioned above, you only have 14 days from the date of arrest to file your appeal.
High BAC Conviction
If you are convicted of super drunk driving (high BAC – .17% BAC or more), then your driver’s license will be automatically suspended for one year. Michigan’s Secretary of State may issue you a restricted license 45 days after your suspension starts. You will have to install an ignition interlock device prior to receiving a restricted license.
A restricted license will allow you to drive under the following conditions:
- To work.
- To your alcoholism treatment program.
- To medical appointments for serious medical conditions.
- To school, probation appointments, and to serve community service.
If you have been arrested for a drunk driving offense in Ann Arbor, contact Ann Arbor criminal defense attorney Stacey Washington for legal advice. Stacey Washington has helped many clients mitigate any long-term consequences of a drunk driving arrest and/or conviction.