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What happens when you violate the implied consent law?

On Behalf of | Feb 13, 2023 | OWI (Drunk Driving) |

When you obtain your driver’s license in the state of Michigan, implied consent is one of the obligations and responsibilities of licensed drivers. Implied consent means you consent to chemical testing for alcohol by carrying a driver’s license.

Refusal to submit to the testing at an officer’s request violates that implied consent law.

Which tests fall under the implied consent law?

The implied consent laws only apply to the DMT testing conducted at the police station or blood tests mandated by a court order, not the roadside portable breath test. Refusing the DMT test comes with a range of penalties, such as a two-year license suspension and points on your license. A blood test requires a court order, which you cannot legally refuse.

Can you fight a violation of implied consent?

After receiving a notice of an implied consent violation, you can contest the violation in certain circumstances. If the police officer that arrested you lacked sufficient evidence for the traffic stop, you may have grounds to fight the violation. Dashcam video or security video from nearby businesses may prove your claim.

You may also have grounds to contest the violation if you were never actually arrested or never read your rights. The officer involved must prove that the arrest was reasonable to enforce your implied consent violation.

Understand your rights in the face of a traffic stop for suspicion of DUI. The more you know about your rights to refuse a breath test, the easier it is to protect yourself and address the charges in court.