The implied consent (refusal) hearing in Michigan

An implied consent hearing is the Secretary of State's hearing on whether to suspend a driver's license for refusing a chemical test after an OWI arrest. The driver has 14 days from the date of the officer's written notice to request it, and the hearing officer decides only four questions set out in MCL 257.625f(4).^[1][3]

This guide explains the deadline, how to request the hearing, how it runs, who has to prove what, and what happens after a win or a loss. What a refusal is, and its other consequences, are covered in refusing a breath or blood test after arrest. The rules on when a test can be requested are in Michigan's implied consent law.

The 14-day deadline

After a refusal, the officer must immediately give the person written notice that, within 14 days of the date of the notice, they may request a hearing. The notice must say that failing to request one will result in suspension.^[1] If no hearing is requested in time, the Secretary of State suspends or denies the license for 1 year, or for 2 years for a second or later refusal within 7 years.^[2]

The hearing rules say how the 14 days is measured. A request sent by mail must be postmarked within the 14 days; a request sent by fax or delivered by hand must arrive at the division office in Lansing within that time.^[9]

A common mistake is to count the 14 days from the arrest. The statute counts from the date of the officer's notice.^[1] The Secretary of State's own request form (Rev. 07/26) words the deadline as 14 days from receipt of the officer's Report of Refusal.^[10] Where the two could differ, counting from the date printed on the notice is the more cautious reading.

The temporary paper permit the officer issues does not last indefinitely. If the case is not prosecuted, it lasts 90 days or until a refusal suspension takes effect, whichever comes first. If it is prosecuted, it lasts until the charges are dismissed, the person is acquitted, or the license is suspended, restricted or revoked.^[11]

How to request the hearing

The Secretary of State has a separate form for this, "Request for Hearing: Implied Consent Violation." The form must be postmarked or submitted electronically within the deadline and needs an original signature; photocopies are not accepted.^[10] Under the hearing rules, a request must be in writing and include the driver's full name, home and mailing addresses, telephone number, date of birth and license number (if known), and be filed with the division office in Lansing.^[12]

Requests can be filed online through the Driver Appeal Integrated System (DAIS), which needs a MiLogin account, or sent to the Office of Hearings and Administrative Oversight (OHAO) by mail at P.O. Box 30196, Lansing, MI 48909, by fax at 517-335-2190, or by email at SOS-AHS@Michigan.gov with PDF attachments only. Requests cannot be made at Secretary of State branch offices.^[13] More on the office is in the Secretary of State's hearings office.

Scheduling and adjournments

Once a hearing is requested, the Secretary of State mails at least 5 days' notice to the driver, to the arresting officer and, if the prosecutor asks, to the prosecuting attorney. Each party may get no more than 1 adjournment, of no more than 14 days.^[14] The Secretary of State says an adjournment request must be in writing, include proof of the reason, and be received at least two business days before the hearing.^[15]

The statute sets targets: the hearing is to be scheduled within 45 days after the arrest and finally decided within 77 days, with exceptions for some kinds of delay. The hearing officer may not impose any sanction for missing those time limits.^[14]

How the hearing runs

All OHAO hearings are held by video on Microsoft Teams. The hearing officer is an attorney employed by the Secretary of State, and in an implied consent matter the arresting officer also appears.^[16] The hearing officer follows circuit-court rules of evidence so far as practicable, but may also admit evidence of a kind reasonably prudent people rely on in their own affairs.^[17] A record is made of the hearing, and it is sent to the circuit court if the decision is later reviewed.^[18]

The hearing covers only these four issues:^[3]

1. whether the officer had reasonable grounds to believe the person committed one of the crimes listed in the implied consent statute;^[3]
2. whether the person was placed under arrest for such a crime;^[3]
3. if the person refused the test, whether the refusal was reasonable;^[3]
4. whether the person was advised of the rights in MCL 257.625a(6).^[3]

No one may order the hearing officer to make a particular finding on any of the four issues.^[19] The rights in 625a(6) include being told that refusing will result in suspension and 6 points, and that if the person refuses, no test may be given without a court order but the officer may seek one.^[20]

Whether the driver was intoxicated is not one of the four issues, and the hearing does not decide the criminal charge. A refusal also does not mean there will be no test result: the officer may seek a court order for a test.^[21][3]

Who has to prove what?

The police officer has the burden of proof at an implied consent hearing. The driver has the burden only on an affirmative defense. The standard is a preponderance of the evidence.^[4]

Under the rules, if the police officer fails to appear and there is no reasonable cause for the absence, the hearing officer must dismiss the matter and the department takes no refusal action, whether or not the driver appears. If the driver fails to appear, it is treated as a default and the suspension is imposed.^[5] The officer or the prosecutor may also withdraw the refusal report in writing, and then no action is taken; if the driver withdraws the hearing request, the suspension is imposed.^[22]

Lawyers at the hearing

The officer's notice must state that the driver need not hire a lawyer but may be represented by one.^[1] There is no right to an appointed lawyer at these administrative hearings, and OHAO staff, including hearing officers, cannot give legal advice.^[23] A hearing officer has an affirmative duty to help an unrepresented party develop a complete record.^[23]

What happens after the decision?

Outcome	What follows
Driver does not prevail	1-year suspension, or 2 years for a second or later refusal within 7 years[6][2]; 6 points, with no added points for a conviction from the same incident[7]
Driver was in a commercial vehicle	Additional loss of vehicle group designations: 1 year for a first refusal; at least 10 years for a second within 10 years[24]
Driver holds a CDL (any vehicle)	1-year suspension of CDL privileges for a refusal[25]
Driver prevails	The officer may, with the prosecutor's consent, petition the circuit court for review[6]

A driver who does not prevail may petition the circuit court of the county where the arrest happened, within 63 days after the decision, or within 182 days if the court finds good cause.^[6][8] For a first refusal, the court may take testimony and may affirm, modify or set aside the suspension, and it may order a restricted license only under strict conditions.^[26][27] See appealing a license sanction to circuit court.

For non-residents, once the suspension is final the Secretary of State must notify the licensing agency of the driver's home state and every state where the driver holds a license.^[28]

How many refusals end in suspension?

The 2025 Michigan Drunk Driving Audit records 4,766 refusals among 24,690 OWI arrests, and separately counts 3,932 Michigan residents whose licenses were suspended in 2025 for refusing a chemical test.^[29][30] The audit draws the two numbers from different records and does not explain the difference. For the first steps after an arrest, see the first 14 days after an OWI arrest and what happens after an OWI arrest.