Last updated on November 2, 2021

What Is An Implied Consent Violation?

Even if someone was sober or under the legal alcohol limit and refused a breathalyzer test request from a police officer, the implied consent can cost them their license for one year and adds 6 points to a driver’s license. There is a distinction between the official breath test and one sometimes done on the side of the road, the Preliminary Breath Test. If someone refuses to take that test, it results in a minor civil infraction with 0 points.

It is very important for people who are facing an implied consent violation to know they must request an appeal hearing before the Driver’s License Appeal Division within 14 days of the arrest. If that is not done, the appeal is waived and the suspension will be imposed. If the hearing is requested within that time period, however, the person’s driving license will remain valid until that takes place.

An attorney is needed to help fight the appeal. If the individual wins, that is the end of the implied consent portion of their case. It goes away and the driver’s license will not be suspended.

If, however, the appeal is lost, he or she can file an appeal to the circuit court and ask for a hardship license based upon the need to get to work, get to school, etc. The circuit court can grant a restricted driver’s license that allows one to be able to get to work or school. Circuit courts have become much tougher regarding implied consent hearings, however. Oftentimes, they want an alcohol assessment, specific work schedules, and they want to know more about the person.

Navigating these waters can be tricky and somewhat political. It is important that they are handled properly by an experienced attorney who knows what the right preparation is and what the obstacles are. The implied consent hearings and appeals from these hearings are very important. Being without a driver’s license for a year can be an impossible situation for a lot of people.

Additional Information Regarding License Reinstatement Hearing In Michigan

A lot of people who win the reinstatement hearing and get their license back partially with the restricted license and an interlock device in their car, have to go for at least one year before they can have a hearing to get a full reinstatement. Oftentimes, during that year, they can have some problems with that interlock device. There are times where it maybe shows up as positive alcohol reading or the person may have missed what is called a rolling retest request where the machine requests a breath test while the car is running. There is a lot that can go wrong during that year period. That is why it is important to have a plan in place for dealing with any kind of violation that comes up with the interlock device.

If something like that does occur, the best advice is to get what is called an ETG test that very day. This is a urine test that can go back three to four days to see if someone has ingested alcohol. If someone has any kind violation with their device, even though there might be a valid excuse, attorney Paul Tafelski suggests they should get the ETG test because that might clear the person from a violation in the end.

For more information on Implied Consent Violation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 451-2200 today.

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