Q: First DUI charge with no priors. I was pulled over for a tail light being out. I blew .003 over, but had blood taken.
I was cooperative, but confused and assumed a blood test would read lower. I now know that it was a mistake and considered a refusal. When I realized my error, I asked to blow instead, but was told it was too late. He threatened to strap me down and take the blood plus charge me with a felony. At this point I complied. I'm now wondering how much worse my situation will be. I need my license to get to and from work and pick my son up from school. What are the chances it will be taken away? As I mentioned before I have no prior record for any offense. Thank you.
A: If arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. If you refuse a test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop. If you are arrested a second time in seven years and again unreasonably refuse the test, six points will be added to your driver record and your license, or non-resident operating privilege, will be suspended for two years. If you refuse to take the test under the Implied Consent Law or if the test shows your BAC is 0.08 or more, your Michigan driver's license will be destroyed by the officer and you will be issued a 625g paper permit to drive until your case is resolved in court.
The Implied Consent suspension may be appealed to the Administrative Hearings Section. The request for hearing must be mailed within 14 days of the date of arrest or your operator's or chauffeur's license and vehicle group designation or operating privilege will be automatically suspended. You are not required to have an attorney at this hearing, but an attorney may represent you if you wish. If you lose your Administrative Hearing, you can appeal that decision to the Circuit Court with jurisdiction over the case. The Circuit Court can give you a restricted license that will allow you to drive to and from work, therapy, and court.
Please note - A request by a law enforcement officer or prosecutor to withdraw a report of refusal must be received by the Department no later than the date of hearing.
It is recommended that you hire a lawyer to help you.
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