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Implied Consent Victory

May 7, 2017 DUI/OWI/DWI

We recently had a Client arrested for drinking and driving and given what’s called an Implied Consent Suspension – which would have suspended his driver’s license for one year.

Our Client had been involved in a serious car accident in which his car was totaled.

The police claimed our Client unreasonably refused to take a breath or blood test for alcohol when requested.

The Michigan Implied Consent Law holds that a person arrested for a drinking and driving crime must complete a breath or blood test upon request by the police.

From the time of the refusal (date of arrest), the driver has 14 days to request an implied consent hearing. Otherwise, the Secretary of State will suspend the driver’s license.  

An implied consent hearing gives the driver the opportunity to fight to preserve the license and prevent the suspension.

An Implied Consent Suspension means the driver’s license will be suspended for a period of one year.

These driver’s license consequences can sometimes far outweigh those received from a first-offense Operating While Intoxicated Conviction, which often result in probation without jail, and a short period with a restricted driver’s license.

We represented the Client at the hearing. There was testimony by both the police officer and our Client that this was a serious car accident. Our Client explained that following the accident he experienced a lot of pain, was in the hospital for 24 hours, and had extensive physical therapy for months.

At the time our Client was offered the alcohol test he could only think about getting to a hospital. His survival instincts overrode any ability to listen and understand the request for the alcohol test given by the police officer.

The Secretary of State judge agreed that our Client should keep his license.

We preserved our Client’s driver’s license and beat the one-year suspension.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein if you have been arrested for drinking and driving and face an in implied consent suspension.

Get in Touch

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108

We can represent you on drunk driving charges in Courts in Ann Arbor, Ypsilanti, Plymouth, and throughout Metro Detroit.