What if I
refuse the
chemical test at
the police station?
If you are cited for refusal to submit to a chemical test, you are entitled to a hearing before the Driver License Appeal Board (DLAD). The hearing is recorded and is limited to the following issues:
- Whether the officer had reasonable grounds to believe you were operating a vehicle upon a public highway while intoxicated (OWI). This includes Operating Under the Influence of Intoxicating Liquor (OUIL); or a Controlled Substance (OUID); or both; with an Unlawful Body Alcohol Content of .08 percent or more (UBAC); or Operating While Visibly Impaired (OWVI).
- Whether you were placed under arrest for one or more of the above offenses.
- Whether you reasonably refused to submit to the chemical test upon the request of the officer.
- Whether you were advised of your chemical test rights pursuant to Section 625(a) of the Michigan Vehicle Code.
Your driver’s license will not be suspended if you are successful at the hearing, and no points will be added to your driving record (unless and until you are convicted of the underlying drinking-related offense). If you are unsuccessful, your driver’s license will be suspended for one (1) to two (2) years.
If your driver’s license is suspended, and you feel the Hearing Officer committed an error of law, you have the right to appeal to Circuit Court. Since most hearings center on questions of fact, not law, appeals of this nature are very seldom granted. Individuals facing their first implied consent refusal have the right to appeal to the Circuit Court based upon hardship. This will require the establishment of an economic or medical necessity for possessing a drivers license.
