DUI, OWI, or a related drinking and driving charge in Michigan.
A driver arrested for drunk driving or in the language of the statute "one of the enumerated offenses" (see below), who refuses to take the chemical test offered by the police will have his or her license confiscated and destroyed, and will be issued a paper license. This temporary license indicates on it face that the driver has allegedly refused such a test, and also sets forth the driver's appellate rights. This notice also includes the statement that a hearing must be requested within 14 days of the date of the arrest.
You can file the request for a hearing yourself or contact our office and we can prepare and file the request and appear at the hearing for you. Once you file the request the Driver License Appeal Division (DLAD) will notify you of a hearing date at which time you and/or your attorney will appear before a hearing officer with the DLAD. The hearing officer will listen to the arresting officer's testimony and to your testimony, then decide whether or not your license will be suspended. A failure to request the hearing will automatically result in a one or two year suspension, depending on your record. Six points will also be added to your driving record.
At the hearing you may only contest one or all of the following issues:
- Did the police officer have reasonable grounds to believe you committed a crime listed in MCLA 257.625c(1)? (includes OWI, OWVI, OWI/OWVI causing death or serious impairment, or minor blood alcohol content (BAC), also known as zero tolerance).
- Were you placed under arrest for one of these crimes (see above).
- Did you reasonably refuse to submit to the test offered by the police.
- Were you advised of your rights.
If you are successful at the DLAD hearing, then your license will not be suspended, and no points will be added to your driving record (unless and until you are convicted of the underlying drinking related offense).
If you are not successful you will lose your license. Under this scenario, you may file an appeal of the hearing officer's findings with the Circuit Court, and even if the Circuit Court Judge does not reverse the hearing officer's findings, he/she may still order that you be given restricted driving privileges. IF YOU LOSE THE IMPLIED CONSENT HEARING THIS CIRCUIT COURT PETITION/APPEAL IS THE ONLY WAY YOU CAN GET RESTRICTED DRIVING PRIVILEGES.
FILING AN "APPEAL" (REQUEST FOR HEARING)
A timely appeal or request for hearing must be made within 14 days. According to DLAD rule 257.302 the request for hearing must be in writing and include all of the following information: your full name, home and mailing address, telephone number, date of birth and driver license number and be filed with the division in Lansing (see address below).
The written request may be sent by regular mail, but it is your responsibility to make sure it is properly postmarked. The best practice is to send it by registered mail, with a return receipt requested. The hearing request may also be filed by fax or hand delivered. The Lansing address is:
Driver License Appeal Division
Michigan Department of State
P.O. Box 30196
Lansing, MI 48909-7696
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1800 DUI Laws
