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DI-93 vs. DI-177: Key Differences and Their Implications
When dealing with Michigan's Implied Consent Law and drunk driving charges, understanding the distinction between the DI-93 and DI-177 forms is crucial. These forms serve different purposes depending on whether you submit to a chemical test or refuse it.
DI-177: "Breath, Blood, Urine Test Report"The DI-177 form is issued when you take a chemical test (breath, blood, or urine) and return a BAC result of 0.08% or higher, indicating an unlawful level of intoxication. Here are its key features:
Driver’s License Confiscation: Your physical driver’s license is confiscated and destroyed by the police.
Temporary Paper License: The DI-177 serves as a temporary driving permit, often referred to as a "paper license." It includes:
- Your personal details (name, address, license number).
- Information about the BAC test and the arrest.
- A statement specifying that this temporary license is valid only if you had a valid Michigan license at the time of the arrest.
- A notation that any prior restrictions on your original license will apply to the temporary permit.
The DI-177 is valid until:
- Criminal charges are resolved (dismissed or acquitted).
- The Secretary of State takes action to suspend or revoke your license.
This form essentially bridges the gap between the arrest and formal adjudication or administrative action.
DI-93: "Officer’s Report of Refusal to Submit to Chemical Test"The DI-93 form comes into play when you refuse to submit to a chemical test. Refusing a test constitutes a violation of Michigan's Implied Consent Law and triggers administrative penalties. Key points about the DI-93 include:
- Driver’s License Confiscation: Similar to the DI-177, your physical license is confiscated and destroyed.
- Notice of Refusal: The DI-93 documents the refusal and informs you of your rights and the consequences:
- Automatic License Suspension: A one-year suspension for the first refusal, or a two-year suspension for subsequent refusals within seven years.
- Six Points added to your driving record.
- Information on your right to appeal by requesting an Implied Consent Hearing within 14 days of receiving the form.
- Officer Certification: The bottom portion of the form includes a section for the officer to certify that you were given a copy of the form, which serves as a suspension notice and outlines your appeal rights.
The DI-93 is a critical document in the administrative process, as it officially records the refusal and initiates the suspension process with the Michigan Secretary of State.
Summary of Differences| Feature | DI-177 | DI-93 |
|---|---|---|
| Issued When | Driver submits to chemical testing, BAC ≥ 0.08% | Driver refuses chemical testing |
| Purpose | Temporary license and test report | Refusal notice and suspension initiation |
| License Status | License confiscated, DI-177 issued as paper license | License confiscated, no driving privileges |
| Penalties | Based on OWI case outcome | Automatic license suspension, six points |
| Appeal Rights | Dependent on criminal charges | 14-day window for Implied Consent Hearing |
Understanding whether you have received a DI-177 or DI-93 is essential because the administrative and legal outcomes differ significantly. While the DI-177 connects directly to the criminal case, the DI-93 triggers immediate administrative penalties independent of the criminal proceedings. Knowing your rights and the steps to take for each form can make a substantial difference in protecting your driving privileges and defending against potential charges.
If you’re navigating issues related to Michigan’s Implied Consent Law or OWI charges, contact Patrick T. Barone at Michigan Defense Law. Our experienced attorneys can guide you through the complexities of the law and build a robust defense to safeguard your future. Call us at (248) 451-2200 for a free consultation.
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