Refused the chemical test? The 14-day implied consent hearing in Michigan

Implied consent in Michigan

Michigan law says that anyone who drives in the state is considered to have consented to a chemical test of their breath, blood, or urine if they are arrested for operating while intoxicated (OWI) or a related offense. You can still refuse, but a refusal has its own license consequence, separate from the OWI case.

After a refusal, the officer must give you a written notice of your rights, including the right to request a hearing, and the officer takes your plastic license and issues a paper temporary license on a Department of State form.

The 14-day deadline

Under MCL 257.625f, if you refuse the chemical test and do not request a hearing within 14 days after the date of the officer's notice, the Secretary of State must:

• suspend your license for 1 year, or
• for a second or later refusal within 7 years, for 2 years.

Commercial drivers face separate, longer sanctions on their commercial vehicle groups.

How to request the hearing

The Department of State's Implied Consent Request for Hearing form says requests can be submitted:

• online, through the state's online system linked from the form, or
• by mail to Michigan Department of State, Office of Hearings and Administrative Oversight, P.O. Box 30196, Lansing, MI 48909.

Read the form for the current instructions, and keep a copy and proof of the date you submitted it. A lawyer can submit it for you. The Office of Hearings and Administrative Oversight (OHAO) is the Department of State's hearing office; its current procedures are on its page, linked in the sources below.

When the hearing happens

The statute says the hearing is to be scheduled within 45 days after the date of arrest, with at least 5 days' notice mailed to you, the officer, and, if it asks, the prosecutor. OHAO's page says hearings are currently held by video through Microsoft Teams, before a hearing officer who is an attorney employed by the Department of State. Each side may get one adjournment of no more than 14 days.

What the hearing decides

The hearing is limited to the refusal. In general terms, it looks at whether:

• the officer had reasonable grounds to believe you committed an offense covered by the implied consent law;
• you were placed under arrest;
• your refusal was reasonable, if you claim it was; and
• you were advised of your rights.

It does not decide whether you are guilty of OWI. The hearing officer makes a record, and the law allows a petition for review in circuit court under MCL 257.323 if the suspension is upheld.

What happens to your license meanwhile

Your paper temporary license is valid under MCL 257.625g:

• if the case is prosecuted, until the charges are dismissed, you are acquitted, or your license is suspended, restricted, or revoked; and
• if the case is not prosecuted, for the earlier of 90 days or until a refusal suspension takes effect.

The roadside breath test is different

The small preliminary breath test at the roadside is not the same as the chemical test at the station or hospital. Refusing a lawful request for the preliminary test is a civil infraction for most drivers under MCL 257.625a. The 14-day hearing concerns the chemical test.

What to have ready when you file

The request is short, but it goes faster with the paperwork in front of you:

• the officer's written notice of your refusal, with the date it was given;
• your full name, date of birth, mailing address, and driver's license number;
• the date of the arrest and the name of the arresting agency; and
• if a lawyer will represent you at the hearing, their name and contact details.

Keep proof of when you filed. If you file online, save or print the confirmation. If you mail the form, use a method that gives you a dated receipt, and keep a copy of what you sent. The 14 days run from the date on the notice, not from when you get around to reading it.

If you are also charged with OWI

The hearing deals only with the refusal and your license. The OWI charge itself is decided separately, in court, and the hearing does not decide whether you are guilty. If you are later convicted of OWI, the Department of State will apply the license sanctions for that conviction as well. The license sanctions guide explains how those work.

Do you need a lawyer for this?

You can request the hearing yourself. A lawyer can request it, prepare for it, and coordinate it with the criminal case. Local OWI lawyers are in the directory.