Articles Posted in Driver License Restoration

A Michigan implied consent hearing is an informal hearing where the officer that arrested you for drunk driving provides testimony to prove that you unreasonably refused a breath blood or urine test. Before we move on with a further discussion of the hearing, let’s review the concept of implied consent, and how it applies in a Michigan drunk driving case.

The Legal Fiction of Implied Consent

Both the Michigan and the United States Constitutions provide that the police can’t search you, your home or your car without a warrant. Thus, before the police may proceed with a search of your breath, blood or urine, they must first obtain a warrant. However, there are many exceptions to this warrant requirement and consent is one of them.  This is where the legal fiction of implied consent comes into play.

A question the criminal defense lawyers at the Barone Defense Firm are often asked by their client’s is whether it would be beneficial to begin in therapy. Although the question is typically offered in the context of “will it help my case” or “will it make me look better in front of the judge or prosecutor” this is only one aspect that underlies this question.

We have found that many persons involved in allegedly criminal behavior are doing so as an outgrowth or sublimation of an ongoing and improperly treated mental health issue. In the case of an allegation of intoxicated or drunk driving the individual may be suffering from an unmitigated substance use disorder. In such a case, the substance use disorder may be a further sublimation of a mood or personality disorder. On the other hand, a person accused of receiving, distributing, or producing child pornography may have themselves been abused as children or suffer from an addiction to pornography. These are just two examples of how the alleged criminal behavior is really a manifestation or symptom of something else.

Understanding the complexity of the issue, the criminal defense lawyers at the Barone Defense Firm often interview our clients with an ear toward thinking of what additional services might benefit them. If we believe that therapy will help them improve their lives, we will often make referrals to various mental health individuals or group centers. In doing so we are seeking primarily to help fulfill the Firm’s mission, which is to help our client’s win back their lives.

If you are convicted of DUI in Michigan, then your driver’s license will either be restricted, suspended, or revoked. The exact driver license sanction will depend on the nature of your DUI conviction and your prior record. Driver license sanctions for DUI range anywhere from a 90-day restricted license to a 5-year hard revocation. These sanctions are not imposed until after you are convicted. A conviction occurs when you either plead guilty to an intoxicated or impaired driving or are found guilty by a judge or jury.

The specific driver license sanction depends on the nature of your conviction, the number of prior offenses you have, and when those prior offenses occurred.  The following is a brief explanation of these driver license sanctions:

First Offense Operating While Visibly Impaired (OWVI)

At the Barone Defense we help people who have lost their license due to multiple drunk driving convictions, and we continue to help people get their driving privileges back even during the Governor’s shelter in place order.  According to Ryan Ramsayer, the Firm’s driver license restoration expert:

This is a difficult and stressful penalty that can affect people’s lives for year after year. However, driver license revocation in Michigan doesn’t have to be a life sentence.

When Should I Try to Get my License Back?

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