License Restored after Refusing Breath Test
Our client was arrested by the Livonia Police Department on suspicion of drinking and driving. The officer claimed that he arrested our client because he smelt like alcohol and admitted to drinking. The client did refuse the preliminary breath test on the scene. Ultimately the officer claimed that he also refused the chemical test at the police station and a warrant was obtained. He received a notice from the police officer that his license would be suspended for a year – meaning no driving at all!
Even after the officer claimed our client violated the Implied Consent Law, and even after the Michigan Secretary of State agreed that he violated the Implied Consent law driver license lawyer Aaron J. Boria still got him back on the road. Call (734) 453-7806 for a free consultation.
Driver License Revoked for Refusing Breath Test
Michigan passed a law that is referred to as the Implied Consent law. Basically, the Michigan Implied Consent Law says that if you drive on Michigan roads then you have consented to a chemical test if you are arrested for driving under the influence. If you improperly refuse the test then your license will be suspended for a year.
You can fight an Implied Consent Refusal on its merits at a hearing at the Secretary of State but it is an uphill battle. Our client believed he was having a heart attack and the secretary of state upheld the officer’s decision to violate him under the implied consent law ruling that his refusal was still improper.
If the officer did not arrest you but claimed you refused the test, you were not advised of your chemical test rights, the police did not have reasonable grounds to believe you committed the offense, or finally you reasonably refused the chemical test then you may be able to fight the claim of refusal on its merits.
Hardship Appeal for Michigan Driver License
Even if you improperly refused a chemical test there is still hope. You may be able to file an appeal for a hardship license with the circuit court, which is what we did in this case. If our client was not allowed to drive for an entire year he would suffer an extreme hardship and the circuit court judge agreed. He is now able to drive again!
If your license has been revoked for refusing a chemical test contact Michigan driver license lawyer Aaron J. Boria (734) 453-7806.