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How to Prepare for Your Michigan Implied Consent Hearing
Michigan drivers suspected of intoxicated driving based on the consumption of alcohol, marijuana, or other intoxicating substances, must submit a breath, blood or urine sample upon the reasonable request of a peace officer. A failure to provide such a sample will result in the police obtaining a warrant for your blood. You will also be charged with an OWI along with a separate charge for an alleged violation of Michigan’s implied consent law. This will result in the police destroying your Michigan driver’s license. The officer will then issue you a 625g paper permit, also called a DI-93, and this will allow you to drive temporarily.
You have a right to appeal the police officer’s determination that you violated the implied consent law, and such appeals go before the Administrative Hearings Section of the Michigan Secretary of State. You or your attorney must mail the request for this appeal hearing within 14 days of the date of arrest. A failure to do so will result in your driving privileges being automatically suspended for at least one year.
According to the Michigan Implied Consent Law, there are only four issues to be resolved at the appeal hearing: