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Under Michigan law if you are stopped for drunk driving and asked to take any chemical test to determine if you are intoxicated there is an "implied Consent" law that requires you to consent. http://www.michigan.gov/sos/0,4670,7-127-1627_8665_9070-21485--,00.html  If you refuse to allow the Police to take a breath test or a blood test then you willl ose your drivers license for one year. You do have 14 days to appeal a refusual. I recommend that if you are charged with a refusual under inplied consent law you request a LDAD hearing hear is the form http://www.michigan.gov/documents/Request_for_Hearing_20322_7.pdf 

If you do not request a DLAD hearing for Implied consent laws in Michigan then you will lose your license for one year. You might be saying to yourself, "but I did refuse" shouldn't I accept my fate? Not really. From my personal expereince I find that more then 50% of the time the Police don't show up. It usually is a reall hassel for them. If they don't show you win and get your license back. But the biggest reason why you should appeal an implied consent and ask for a DLAD hearing is you get to question the Police under oath. You will know exactly what he will say about the arrest if you go to trial. This is priceless information. Another reason to ask for a DLAD heaing is you might win. The cop might have frogotten about the arrest or maybe he didn't do something right. Or maybe you didn't really refuse at all. How many times have the police had a problem with their DataMaster and blame you and write up a refusual. It happens more oftern you might think.

I usually charge about $500 extra for a DLAD hearing. the extra money is money well spent. There are attorneys that charge a $1,000 for a LDAD hearing for implied consent and that would be money well spent. There are attorneys that throw it in free but they are few and far in between. I suggest always under all circumstances do an implied consent DLAD hearing.

If you have been arrested for an OWI in Michigan and you need an implied consent DLAD hearing give me a call at: