If you obtain a Michigan Driver’s License, you have implicitly given consent to perform a Datamaster DMT breath test when you arrested for suspicion of Operating a Motor Vehicle While Intoxicated. Upon arrest, an officer is supposed to provide you with chemical test rights prior to administration. If you refuse to provided a breath sample, your license will be suspended for one (1) year. The officer will then provide you notice that you have fourteen (14) days to appeal the suspension.

At the hearing, you or an attorney can challenge the legitimacy of the chemical test rights. Specifically, the hearing will pertain to the following four issues:

1. Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in [MCL 257.625c(1)].
2. Whether the person was placed under arrest for a crime described in [MCL 257.625c(1)].
3. If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
4. Whether the person was advised of the rights under [MCL 257.625a(6)].

An experienced attorney will obtain the video either through a FOIA request or Discovery Request (if available) and challenge the officer through cross examination on the four (4) issues above. If, by a preponderance of evidence, the officer win on all of the four (4) issues, you will win you hearing and your license will not be suspended.