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Oakland County, MI – Paul J. Tafelski of Michigan Defense Law (https://www.michigandefenselaw.com/blog/what-is-the-implied-consent-law-in-michigan/) announces updated guidance explaining Michigan’s Implied Consent Law and its impact on traffic stops, arrests, and driver’s license consequences across the region. The release clarifies how the statute applies from the moment of arrest through administrative hearings and court proceedings, highlighting critical deadlines and defense options. As an Oakland County DUI attorney with more than two decades of practice, Tafelski details how evidentiary testing decisions can affect license status, case strategy, and long-term driving privileges.

Under Michigan Vehicle Code Section 257.625c, motorists are deemed to have consented to evidentiary chemical testing when lawfully arrested for suspected OWI, DUI, or OUID. This framework differs from the roadside preliminary breath test, which is a civil infraction carrying a fine and no license suspension. The updated guidance from the Oakland County DUI attorney underscores that refusing a post-arrest evidentiary breath, blood, or urine test can trigger immediate administrative exposure, separate from any criminal DUI allegations.

The release further outlines the consequences tied to a refusal. A first alleged refusal may bring a one-year driver’s license suspension, with enhanced penalties for subsequent refusals within seven years. Additional exposure can include six points on a driving record and associated fees. Crucially, a driver retains the right to contest the refusal through a timely administrative hearing. The Oakland County DUI attorney emphasizes the 14-day window to request that hearing, during which counsel can challenge whether reasonable grounds existed for the arrest, whether proper advisements were given, whether an actual refusal occurred, and whether law enforcement complied with required procedures.

The guidance also addresses how implied consent issues interplay with DUI prosecutions in Oakland County courts. When an evidentiary test is completed, results above the legal limit may be introduced by the prosecution. When a test is refused, implied consent consequences proceed on a separate track, and the fact of refusal may be raised in the criminal case. The Oakland County DUI attorney notes that strategic evaluation often includes scrutinizing the stop, the arrest, the administration of the test request, and any subsequent evidence handling, as well as assessing opportunities to limit collateral license harm.

In addition, the release provides a step-by-step overview of hardship appeals for those facing implied consent suspensions. A petition is filed in the appropriate Circuit Court seeking limited privileges for essential purposes such as employment, education, medical care, treatment programs, or court compliance. The process demands accurate filings, proper notice, and punctual hearing preparation. The Oakland County DUI attorney outlines evidence commonly presented, including proof of need, compliance history, and proposed restrictions, with the objective of restoring narrowly tailored driving rights during the suspension period.

About Michigan Defense Law:

Michigan Defense Law is a criminal defense firm serving clients across Oakland County and neighboring communities. Key practice areas include DUI and OWI defense, drug and controlled substance cases, domestic violence, and felony and misdemeanor litigation. The firm appears in district and circuit courts throughout Southeast Michigan, including Oakland County, Macomb County, and Wayne County. For consultations and case evaluations, contact Michigan Defense Law at (248) 451-2200 or visit the firm’s website to schedule a confidential appointment.

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Company Name: Michigan Defense Law
Contact Person: Paul J. Tafelski
Email: Send Email
Phone: (248) 451-2200
Address:2525 S Telegraph Rd suite 100
City: Bloomfield Hills
State: Michigan 48302
Country: United States
Website: https://www.michigandefenselaw.com/