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Michigan Implied Consent Hearing Outcomes

Question: What are the possible outcomes of the implied consent hearing?

Answer: Well, the implied consent hearing, as I said, is conducted by an employee of the Secretary of State's office. They have four questions they ask you. Basically they ask you, or they want to determine if there was probable cause to believe a crime was committed; they want to determine that the police officer did in fact advise the petitioner, who would be the person appealing this choice that he or she had been arrested; they would want to find out whether or not they were advised of their obligation to take a test under the Michigan Implied Consent law; and they would want to find out whether or not, after having been so advised, the person refused to take the test.

If they find those four things, they will suspend your license for one year. And they will, you will have an opportunity to appeal that to the circuit court for a restricted drivers license, but the outcome of that, again, would depend on what happens at the circuit court. They basically refer to it as a hardship appeal, and you're not appealing the decision that your license is subject to being suspended as a result of the implied consent hearing; you're rather petitioning the court to say, “I need my drivers license because it will impose a hardship, I'll lose my job, I wont be able to do this or that.”

That's the reason for that. Now, if you were to feel that the hearing officer had made a mistake in terms of finding those four issues, you could appeal that directly, saying that the decision of the hearing officer was erroneous. But you have to remember that at that hearing, it's a probable cause hearing, it's not beyond a reasonable doubt. So the standard is it more likely than not that this happened. And the second thing is that the rules of evidence do not strictly apply, so hearsay and other things can be admitted in that hearing. So it's very difficult to successfully appeal that hearing saying there was an abuse of discretion—but not impossible, but it is a very hard row to hoe and a high bar to overcome.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.