Arrested for OWI in Kent County? You have a court case and a license case, and each has its own deadline
An OWI arrest in Grand Rapids, Kentwood, Wyoming or anywhere else in Kent County usually ends with an officer asking you to take a breath, blood or urine test. What you do next sets off two separate processes. One is the criminal case in district court. The other is the license case with the Secretary of State. Michigan treats a driver who is arrested for OWI as having consented to chemical testing, MCL 257.625c(1). If you refuse, the officer must give you a written notice that you have 14 days to ask for a hearing, MCL 257.625e(1), and if you do not ask, the Secretary of State suspends your license for 1 year, or 2 years for a second or later refusal within 7 years. MCL 257.625f(1)(a). That deadline runs whether or not the court case is going well.
The short answer. A driver arrested for OWI is considered to have consented to chemical tests of blood, breath or urine. MCL 257.625c(1). You can still say no. For a driver of an ordinary vehicle, the statute attaches to a refusal a license suspension of 1 year (2 years for a second or later refusal within 7 years) and 6 points on your record. MCL 257.625a(6)(b)(v); MCL 257.625f(1)(a); MCL 257.320a(8). You have 14 days from the date of the officer’s notice to request a hearing, and the hearing covers only four issues. MCL 257.625e(1); MCL 257.625f(4). A refusal does not end the officer’s options, because the officer may ask a judge for a court order for a test. MCL 257.625d(1). The roadside preliminary breath test follows different rules, and for most drivers refusing it is a civil infraction. MCL 257.625a(2)(d). The license case is decided separately from the criminal case. Do not wait to call a lawyer.
I am Mitchell Bisson, a Grand Rapids OWI defense lawyer. I have litigated for over 15 years, and I prepare every OWI case as if it will be tried. I pull the arrest report, the implied consent paperwork, the video and the test records before the first hearing. Big-Firm Power. Street-Level Grit.
This page covers how implied consent works in Michigan, what a refusal costs, how the Secretary of State hearing works, how a preliminary breath test differs from a chemical test, what happens to your license after a conviction, and when police may take your blood. It goes deeper on the license side than my Grand Rapids OWI lawyer page. For the first days after an arrest, see my post on what to expect after a first OWI arrest in Michigan. For the refusal question by itself, see my post on whether you can refuse a breath test in Michigan. For the statute map, see my post on Michigan drunk driving laws. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
Which version of the law this page reflects. I checked the Michigan Vehicle Code sections below against the text on the Legislature’s website in October 2026. The text for MCL 257.625a, 625b, 625c, 625d, 625e, 625f, 625g, 625k, 625l, 319, 320a, 303, 322, 322a and 323, and the text of MCL 8.6, was complete through 2026 PA 114. Some PDF copies on the Legislature’s site carry an earlier print date. The last amendments to the sections at the center of this page were 625c in 2014, 625d in 2014, 625e in 1991, 625f in 2003, 625a in 2021, 625g in 2021 and 323 in 2018. MCL 257.320a was amended by 2026 PA 66, effective July 23, 2026. That amendment changed the filing-time wording and the list of violations that carry no points, but not the point values or the refusal-point rule described on this page. If your arrest happened on an earlier date, the rules in force on that date may differ, and I check that for your case.
The deadlines in an OWI license case
Most people watch the court calendar and miss the license calendar. These are the clocks that matter. The court deadlines are targets that move the case along. The license deadlines can cost you a hearing if you miss them.
| Clock | Time limit | Authority |
|---|---|---|
| Request a hearing after a test refusal | Within 14 days after the date of the officer’s written notice. If you do not ask, the Secretary of State imposes the suspension. | MCL 257.625e(1); MCL 257.625f(1) |
| Secretary of State refusal hearing | Scheduled to be held within 45 days after the date of arrest. The hearing officer may not impose a sanction for missing that limit. | MCL 257.625f(2) |
| Notice and adjournment | Not less than 5 days’ notice of the hearing is mailed. Each party gets no more than one adjournment, and it cannot exceed 14 days. | MCL 257.625f(2) |
| Final decision target | Within 77 days after the date of arrest, apart from delays the statute lists. The hearing officer may not impose a sanction for missing that limit. | MCL 257.625f(3) |
| Circuit court review of a final license decision | A petition within 63 days after the determination. For good cause the court may allow a petition up to 182 days after. | MCL 257.323(1) |
| Temporary license from the arresting officer | If the case is not prosecuted, the earlier of 90 days after issuance or a suspension under 625f. If it is prosecuted, until the charges are dismissed, you are acquitted, or your license is suspended, restricted or revoked. | MCL 257.625g(3) |
| Misdemeanor OWI in district court | Arraignment within 14 days of arrest, a pretrial conference within 35 days (42 days in a one-judge court that sits in more than one location) and final resolution within 77 days, counted from the arrest or, if an arrest warrant is issued or reissued, from service of the warrant, whichever is later. Only the 77 day limit has the delays the statute lists. The court may not dismiss the case or impose another sanction for missing these limits. The limits do not apply to a felony or a charge joined with a felony. | MCL 257.625b |
Count from the date on the notice. The 14 days are counted from the date printed on the notice, not from the day you read it or the day you hire a lawyer. Under MCL 8.6, the first day is excluded and the last day is included, so the date on the notice is not counted and the 14th day after it is the last day to ask. MCL 8.6 also extends a last day that falls on a Saturday, Sunday or legal holiday to the next day that is not one, but I do not rely on that and you should not either. Ask well before the last day. If you refused a test, find the notice the officer gave you and bring it to the first call.
The two cases touch each other in a few places. The temporary license lasts only as long as the statute allows. The 6 points for a refusal suspension stay on the record, and no additional points are entered for a conviction from the same incident. MCL 257.625g(3); MCL 257.320a(8). If the Secretary of State receives more than one conviction from the same incident, only the longest suspension is imposed. MCL 257.319(12).
How implied consent works in Michigan
The consent. A person who operates a vehicle on a public highway, or in another place open to the public or generally accessible to motor vehicles including a parking area, is considered to have consented to chemical tests of blood, breath or urine. The consent applies when you are arrested for OWI, OWVI, an under-21 alcohol offense, a child passenger offense, an offense causing injury or death, or the other offenses the statute lists, and for certain other driving crimes when the officer had reasonable grounds to believe you were operating in violation of section 625. MCL 257.625c(1).
The medical exception. A person with hemophilia, diabetes, or a condition requiring an anticoagulant under a physician’s direction is not considered to have consented to the withdrawal of blood. MCL 257.625c(2). If that describes you, tell me early, because it bears on whether a blood draw can rest on implied consent.
What the officer must tell you. A person arrested for a listed offense must be advised of all of the following: you may demand that a person of your own choosing administer one of the chemical tests; the results are admissible in court and will be considered with the other evidence; you are responsible for getting a chemical analysis of a sample taken at your own request; if you refuse, a test must not be given without a court order, though the officer may seek one; and a refusal will result in a license suspension and 6 points. MCL 257.625a(6)(b). Whether you were advised is one of the four issues at the Secretary of State hearing. MCL 257.625f(4)(d).
Your own test. If you take the test the officer requests, you must be given a reasonable opportunity to have a person of your own choosing administer one of the chemical tests within a reasonable time after your detention. You are responsible for getting the analysis of that sample. MCL 257.625a(6)(d). If you asked and were ignored, the record of that request matters, and I look for it on the video and in the report.
How a test is taken. A urine or breath sample must be taken in a reasonable manner. Only a licensed physician, or an individual working under a physician’s delegation who is qualified to withdraw blood and is acting in a medical environment, may withdraw blood at an officer’s request. MCL 257.625a(6)(c). The State Police rules for administering chemical tests are in the Michigan Administrative Code. MCL 257.625a(6)(g); Mich Admin Code, R 325.2651 et seq. I compare the instrument records and the operator’s procedure against those rules.
What a result means at trial. The amount of alcohol or the presence of a controlled substance shown by a chemical analysis is admissible and is presumed to be the same as at the time you operated the vehicle. MCL 257.625a(6)(a). That presumption does not limit other evidence, so you can still challenge impairment and alcohol content with other admissible evidence. MCL 257.625a(7).
Tests before an arrest. The implied consent statute is triggered by an arrest. In People v. Borchard-Ruhland, 460 Mich. 278 (1999), the Michigan Supreme Court held that the statute’s provisions did not apply to a motorist who had not been arrested, and that the validity of her consent to a blood draw was judged under the Fourth Amendment and the Michigan Constitution. If an officer asked for a sample before arresting you, the question is whether your consent was valid under the Fourth Amendment, not whether the statute applied.
Blood drawn for medical treatment. If a driver is taken to a medical facility after an accident and blood is drawn for treatment, the analysis of that sample is admissible to show the alcohol or drug content at the time alleged, whether or not the driver was offered or refused a chemical test. MCL 257.625a(6)(e). The Michigan Supreme Court upheld that provision in People v. Perlos, 436 Mich. 305 (1990).
Preliminary breath test or chemical test: they are not the same
People often treat the roadside breath test and the test at the station as one decision. The statute treats them as two. Saying yes or no to one does not decide the other.
| Question | Preliminary breath test (roadside) | Chemical test after arrest (breath, blood or urine) |
|---|---|---|
| When it is requested | An officer with reasonable cause to believe you were operating and that alcohol, a controlled substance or another intoxicating substance may have affected your ability to drive may require it. Other triggers apply to commercial vehicle drivers and drivers under 21. | After an arrest for a listed offense, at the request of an officer with reasonable grounds to believe you committed it. |
| Authority | MCL 257.625a(2) | MCL 257.625c(1); MCL 257.625a(6) |
| If you refuse | For most drivers, a civil infraction. For a driver of a commercial motor vehicle, a misdemeanor with up to 93 days in jail, a fine of up to $100, or both. For a person under 21, 2 points. MCL 257.625a(2)(d); MCL 257.625a(5); MCL 257.320a(1)(v) | No test without a court order, though the officer may seek one. License suspension of 1 year, or 2 years for a second or later refusal within 7 years, and 6 points. MCL 257.625d(1); MCL 257.625f(1)(a); MCL 257.320a(8) |
| How the result can be used | The officer may arrest you based in whole or in part on the result. In court, the result comes in only to help decide a challenge to the arrest and to rebut certain testimony about alcohol content. MCL 257.625a(2)(a), (b) | Admissible in a civil or criminal proceeding and presumed to be the same as at the time of operation. MCL 257.625a(6)(a) |
| Your later duties | Taking the roadside test does not change your duties after an arrest. You remain subject to sections 625c, 625d, 625e and 625f. MCL 257.625a(2)(c) | The advisements in MCL 257.625a(6)(b) apply. |
Where the 625f process applies. For most drivers a refusal of the roadside test is a civil infraction and does not start the hearing process described below. That process applies to refusing the chemical test after an arrest. A driver under 21 can get 2 points for refusing the roadside test, and a commercial driver faces a misdemeanor charge and an out-of-service order. MCL 257.320a(1)(v); MCL 257.625a(3), MCL 257.625a(4), MCL 257.625a(5). If you hold a commercial license, tell me at the first call. The rule that a refusal comes in at trial only to show a test was offered is written for the chemical test under subsection (6). MCL 257.625a(9).
What happens if you refuse the chemical test
No forced test without a court order. If you refuse an officer’s request for a test offered under 625a(6), a test must not be given without a court order, but the officer may try to get one. MCL 257.625d(1). The officer must immediately forward a written report to the Secretary of State stating that the officer had reasonable grounds to believe you committed a listed crime, that you refused, and that you had been advised of the consequences. MCL 257.625d(2).
Your license at the roadside. The officer confiscates your license on behalf of the Secretary of State and, if you are otherwise eligible, gives you a temporary license. The temporary license lasts as described in the clocks table above. MCL 257.625g(1), MCL 257.625g(3). The same steps apply when you take a test and it shows an unlawful alcohol content or a drug.
The notice. The officer must immediately give you written notice that within 14 days of the date of the notice you may ask for a hearing. The notice must state that failure to ask within 14 days will result in suspension of your license, and that you do not have to hire a lawyer for the hearing though a lawyer is allowed to represent you. MCL 257.625e(1), (2).
The suspension. If you do not request a hearing in time, or you request one and do not prevail, the Secretary of State suspends or denies your license for 1 year, or 2 years for a second or later refusal within 7 years. If you were operating a commercial motor vehicle, the first refusal suspends your commercial vehicle group designations for 1 year, and a second refusal within 10 years brings a revocation of those designations for not less than 10 years. MCL 257.625f(1), (7).
Points. The Secretary of State enters 6 points on the record of a person whose license is suspended or denied under 625f. If a conviction or civil infraction from the same incident follows, the points for that offense are not added on top. MCL 257.320a(8).
In the criminal case. A refusal can be admitted only to show that a test was offered, not as evidence of guilt, and the jury must be told so. MCL 257.625a(9). A refusal is also not the end of the investigation. The officer may seek a court order for a blood draw, which is discussed below.
The Secretary of State refusal hearing
How it works. If you request a hearing, the Secretary of State holds it in the same manner and under the same conditions as a hearing under section 322. The hearing officer may administer oaths, issue subpoenas for necessary witnesses and grant a reasonable request for an adjournment. MCL 257.625f(2); MCL 257.322. The notice goes to you, to the officer who filed the report and, if the prosecutor asks for it, to the county prosecutor. MCL 257.625f(2). A hearing officer’s record is made and transcribed. MCL 257.625f(6).
Only four issues. The hearing covers only these questions: whether the officer had reasonable grounds to believe you committed a listed crime; whether you were arrested for it; if you refused, whether the refusal was reasonable; and whether you were advised of your rights under 625a(6). MCL 257.625f(4). The list does not include whether you were actually intoxicated. A hearing officer cannot be ordered to make a particular finding on those issues. MCL 257.625f(5).
What I look at. Reasonable grounds and arrest come from the report, the video and the officer’s testimony. Whether you were advised depends on what the officer said, when and how, and whether it matches the statute. Whether a refusal was reasonable depends on the facts around it, such as what you were told, what you understood, any medical condition and how the request was made. The record from this hearing can matter later, so I decide with you whether you should testify.
After the hearing. If you do not prevail, the Secretary of State imposes the suspension, and you may petition the circuit court of the county where you were arrested for review. MCL 257.625f(7)(a). If you prevail, the officer who filed the report may, with the prosecutor’s consent, petition the circuit court to review the decision. MCL 257.625f(8).
Circuit court review of a license decision
Where and when. A person aggrieved by a final Secretary of State determination suspending a license under 625f may petition the circuit court in the county where the arrest was made, within 63 days after the determination. For good cause the court may allow up to 182 days. For an arrest in Kent County that is the Kent County Circuit Court. MCL 257.323(1). The court sets the case for a hearing on a day certain not more than 63 days after its order, and the paperwork must be served on the Secretary of State’s office in Lansing at least 20 days before the hearing, or 50 days if a review of the hearing record is sought. MCL 257.323(2).
What the court can do. In a suspension for a first violation under 625f, the court may take testimony, examine all the facts and circumstances, and affirm, modify or set aside the suspension. MCL 257.323(3). In many other license reviews the court is confined to the administrative record and a statutory legal issue. MCL 257.323(4). The refusal statute also contemplates petitions filed to ask whether the court will order a restricted license. MCL 257.625f(6). Whether that relief is open to you depends on your history and your facts, and I tell you what I see before you decide to file.
License sanctions after an OWI conviction
A conviction brings its own suspension, separate from any refusal suspension. These are the common sanctions under MCL 257.319(8) on the conditions shown in the first column. A suspension under this section must be imposed even if a court order says otherwise, unless the order complies with section 323. MCL 257.319(11). For second offenses and more, see the revocation section below.
| Conviction | Suspension | Restricted license | Authority |
|---|---|---|---|
| OWI under 625(1)(a) or (b), no prior conviction within 7 years | 180 days | May be issued during part of the suspension, but not during the first 30 days | MCL 257.319(8)(a) |
| OWI at 0.17 or higher under 625(1)(c), no prior conviction within 7 years or not more than 2 within 10 years | 1 year | May be issued, but not during the first 45 days, and only with an ignition interlock device on the vehicle | MCL 257.319(8)(g), (h) |
| OWVI under 625(3), no prior conviction within 7 years | 90 days, or 180 days if the impairment was due to a controlled substance or alcohol mixed with a controlled substance | May be issued during all or part of the suspension | MCL 257.319(8)(b) |
| Under 21 under 625(6), no prior conviction within 7 years | 30 days. With a prior conviction for that offense within 7 years, 90 days. | The 30 day case allows a restricted license during all or part of the suspension. The subdivision for the 90 day case does not authorize one. | MCL 257.319(8)(c), (d) |
| Child under 16 in the vehicle under 625(7), no prior conviction within 7 years | 180 days | May be issued after the first 90 days | MCL 257.319(8)(e) |
Points. A conviction under 625(1) is 6 points. A conviction under 625(3) or 625(6) is 4 points. MCL 257.320a(1)(c), (i).
Restricted license basics. The Secretary of State may not issue a restricted license unless the statute authorizes one and you are otherwise eligible, and it may not permit driving a commercial motor vehicle. MCL 257.319(14), (15). A restricted license issued under section 319 must permit you to drive in the course of employment or occupation, and to and from any combination of your residence, your work, a court-ordered alcohol or drug education or treatment program, the probation department, court-ordered community service, your school, regular medical treatment for a serious condition for you or a household or immediate family member, and an ignition interlock service provider. MCL 257.319(16). You must carry proof of your destination and the hours of your employment, class or other reason for traveling and show it on an officer’s request. MCL 257.319(17).
Ignition interlock. For a conviction at 0.17 or higher, you may not drive on the restricted license unless the vehicle has an interlock device approved, certified and installed as required by sections 625k and 625l. The device may be removed after the provider verifies that you operated the vehicle without instances of reaching or exceeding 0.025 grams per 210 liters of breath, with limited exceptions for start-up and retest failures. A violation of the restricted license conditions, or operating or attempting to operate with a breath alcohol level of 0.025 grams per 210 liters, brings an additional like period of suspension and restriction. MCL 257.319(8)(h), (i). You may not remove the device unless the department has ordered its removal. MCL 257.322a. Tampering, circumventing the device, or having someone else blow into it is a misdemeanor punishable by up to 6 months in jail or a fine of up to $5,000, or both. MCL 257.625l(3) to (6). If an officer detains a person who may drive only with an interlock for violating a law and the vehicle has no properly installed device, the officer must impound the vehicle. MCL 257.625l(7). Device makers must be certified under MCL 257.625k.
The rules behind the statutes. The Secretary of State’s licensing rules are in the Michigan Administrative Code. Section 323 refers to R 257.1 to R 257.1727 and to the definition of a “major violation” in R 257.301a for purposes of revoking a restricted license granted by a court. MCL 257.323(5)(a), (e)(iv). I read the rule text that applies to your situation rather than rely on a summary.
Repeat offenses, revocation and getting a license back
Revocation. On receiving records of conviction, the Secretary of State must revoke and deny a license for any combination of 2 convictions within 7 years, or any combination of 3 convictions within 10 years, for violations of section 625 (other than 625(2)) or 625m, or for one conviction of operating while intoxicated causing death or serious impairment of a body function, among other offenses. MCL 257.303(2)(c), (d), (g). A revocation is imposed even if a court order says otherwise, unless the order complies with section 323. MCL 257.303(3).
Coming back. A revoked license is not simply restored. The Secretary of State may not issue a license until the later of 1 year after the revocation or denial, or 5 years after a subsequent revocation within 7 years of an earlier one. Where the statute applies a habitual offender presumption, you must rebut it by clear and convincing evidence, and you must meet the department’s requirements. MCL 257.303(4). After the waiting period, a hearing officer may issue a restricted license to a person revoked under 303(2)(c), (d) or (g), and if so must require an ignition interlock device for not less than 1 year. MCL 257.322(6), (9). The circuit court has its own review authority and conditions. MCL 257.323(4)(b), (5).
Blood draws, warrants and the Fourth Amendment
A blood draw is a search. Three decisions of the United States Supreme Court set the frame, and Michigan’s statute adds its own rule.
- Missouri v. McNeely. The natural dissipation of alcohol in the blood does not by itself create an exigency that justifies a warrantless blood draw in every drunk driving case. Whether an emergency existed is decided on the totality of the circumstances. Missouri v. McNeely, 569 U.S. 141 (2013).
- Birchfield v. North Dakota. The Fourth Amendment permits a warrantless breath test as a search incident to a lawful arrest for drunk driving, but not a warrantless blood test. A state may not make it a crime to refuse a warrantless blood test. The Court said its decision did not cast doubt on implied consent laws that impose civil penalties and evidentiary consequences for refusal. Birchfield v. North Dakota, 579 U.S. 438 (2016).
- Mitchell v. Wisconsin. A plurality of the Court held that when police have probable cause and a driver’s unconsciousness or stupor requires a trip to the hospital before a reasonable opportunity for a breath test, police may almost always order a warrantless blood draw. The plurality left room for a driver to show an unusual case on the facts. Mitchell v. Wisconsin, 588 U.S. 840 (2019) (plurality opinion).
What Michigan’s statute says. If you refuse a requested test, a test must not be given without a court order, though the officer may seek one. MCL 257.625a(6)(b)(iv); MCL 257.625d(1). Blood may be withdrawn at an officer’s request only by a physician or a qualified delegate in a medical environment. MCL 257.625a(6)(c).
What I check. If your blood was drawn, I ask which of the usual routes the officer relied on: a warrant, your consent, or an exception. I read the warrant application and the affidavit, the time stamps, the video and the hospital records. I compare who drew the blood and where against the statute, and I look at the chain of custody and the lab’s work. A consent that was obtained after a misleading advisement is a different issue from a consent freely given, and I look at the exact words used.
How I defend an OWI license and implied consent case
The notice and the deadline. I confirm the date of the notice, whether a hearing request was filed in time, and what the Secretary of State has on file. If a deadline is close, I file first and work out the strategy after.
The advisements. I compare what the officer said with what 625a(6)(b) requires. I look at whether you were told you could demand your own test, what you were told about the consequences of refusing, and whether the video shows the same thing as the report.
Reasonable grounds and arrest. The implied consent statute depends on a lawful arrest for a listed offense. I look at the stop, the field tests, the preliminary breath test result and what the officer wrote about each one. The preliminary breath test result is usable in court only in the limited ways the statute allows. MCL 257.625a(2)(b).
The refusal. If you are accused of refusing, I look at exactly what was asked, what was said back, how many times, how long the officer waited, whether you were in pain or confused, and whether any medical condition applied. A refusal by silence or by delay is a factual question, and I test it against the video.
Your own test. If you asked for an independent test and did not get a reasonable opportunity, I document it and raise it in the court case.
The blood. I request the warrant paperwork, the draw records, the lab file and the retention records, and I look at whether the warrant, a valid consent or an exception supported the draw.
Coordinating the two cases. What you say or sign in one case can matter in the other. I decide with you what to do at the license hearing in light of the criminal case, and I keep the court calendar and the license calendar side by side.
What happens after an OWI arrest: the license track
- The arrest and the request. The officer arrests you, reads the advisements and asks for a breath, blood or urine test.
- You test or refuse. After a refusal, or a test showing an unlawful alcohol content or a drug, the officer confiscates your license and, if you are eligible, issues a temporary license. MCL 257.625g(1)
- The notice. After a refusal, the officer gives you written notice that you have 14 days to request a hearing. MCL 257.625e(1)
- The hearing. If you ask in time, the Secretary of State schedules a hearing within 45 days of the arrest, on the four issues. MCL 257.625f(2), (4)
- The decision. If you do not prevail, the suspension is imposed. You may petition the circuit court within 63 days. MCL 257.625f(7); MCL 257.323(1)
- The court case. The criminal case runs on its own track in district court. A conviction adds its own sanctions under MCL 257.319(8).
For how a Kent County criminal case moves from arrest through bond, arraignment and the preliminary examination, see my page on what happens after an arrest in Kent County.
Where your Kent County OWI license case and court case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A misdemeanor OWI is heard in district court. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. A felony OWI starts in district court with a probable cause hearing and, if the case is bound over, moves to the Kent County Circuit Court, the 17th Circuit. The refusal hearing itself is an administrative hearing before a Secretary of State hearing officer, not a court hearing. If you petition for review of a license decision after an arrest in Kent County, the petition goes to the Kent County Circuit Court. MCL 257.323(1).
Why people hire me as their Michigan OWI license and implied consent lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a suspension would mean for your job, your commute and your family. I build the case the facts support, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to a contested hearing or trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people facing an OWI license problem in Kent County
Do I have to take a breath, blood or urine test after an OWI arrest in Michigan?
You can refuse, but a refusal has consequences. After an OWI arrest the statute attaches a license suspension of 1 year, or 2 years for a second or later refusal within 7 years, and 6 points to a refusal of the chemical test. A refusal does not end the matter, because the officer may seek a court order for a test. The roadside preliminary breath test is a separate request with different rules.
How long do I have to request a hearing after I refuse a chemical test?
You have 14 days from the date of the officer’s written notice. If you do not ask, the Secretary of State imposes the suspension. The hearing covers only four issues, including whether your refusal was reasonable. Do not wait to find a lawyer.
Is the roadside breath test the same as the test at the station?
No. The roadside preliminary breath test is requested before arrest on reasonable cause and, for most drivers, refusing it is a civil infraction. The chemical test is requested after an arrest, with required advisements, and refusing it brings a suspension and points. Taking the roadside test does not change your duties after an arrest.
Can I get a restricted license after a refusal or a conviction?
After a conviction, often yes, after the waiting period for your offense, and at 0.17 or higher only with an ignition interlock device. After a refusal suspension, the refusal statute does not describe a Secretary of State restricted license, but for a first violation the circuit court may take testimony and modify a suspension on review. Whether that is open to you depends on your history and facts.
Can police take my blood without my consent?
Not as a matter of routine. The Supreme Court has held that alcohol leaving the blood does not by itself justify a warrantless draw, that police may require a breath test but not a blood test as a search incident to arrest, and, in a plurality opinion, that an unconscious or stuporous driver will almost always present an exigency. Michigan’s statute says that after a refusal a test must not be given without a court order. I look at what the officer actually relied on in your case.
Will the court case decide what happens to my license?
Not entirely. The refusal hearing is a separate Secretary of State process on four issues, and the criminal case is decided in court. A conviction adds its own suspension under section 319. If the conviction comes from the same incident as a refusal suspension, the Secretary of State does not enter additional points for the conviction on top of the 6 points for the refusal. If the Secretary of State receives more than one conviction from the same incident, only the longest suspension is imposed. How the two cases fit together depends on your facts, and I plan for both from the start.
Related Michigan pages
For the main OWI page, see my Grand Rapids OWI lawyer page. For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If you are on probation, see my Grand Rapids probation violation lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page, including its section on Michigan drunk driving laws. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil rights and business disputes, including civil rights, civil litigation and business litigation.
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Facing an OWI license problem in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.