Flint, MI asked in Appeals / Appellate Law and Traffic Tickets for Michigan

Q: I appealed a decision made on behalf of secretary of state to suspend my license for an year and 6 pts on my record

It was due to traffic stop and an supposed to be chemical drug test refusal which I just didn't understand

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: What is your question? It sounds like you got an implied consent violation. When the police suspect you of drunk driving, by virtue of you driving, you consent to a chemical test - which is usually a breath test administered at the jail or police station; not the one done on scene by the police, which is called a PBT. When you refuse, it is an automatic one year suspension of your driver license - even if you are not subsequently convicted of drunk driving.

Depending on the arresting officer, they give you few chances to comply. Many times, the police will simply read the chemical test rights and ask "will you do it?". If you hesitate in any way, some officers will simply note you "refused" and start the process of obtaining a warrant for your blood.

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