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Michigan Implied Consent Hearing Request Process

Question: What is the process for requesting an implied consent hearing in Michigan? Can my request be denied?

Answer: First of all, you have an absolute right to the hearing, so the answer to that is you can’t be denied, if it’s a first offense. If it’s a second offense within a seven-year period, they can deny you. But if it’s a first offense, the answer is no.

Again, you’ll get a notice from the Secretary of State telling you that your license is subject to suspension as a result of an implied consent violation, and they will ask if you want a hearing. The 14-day notice is you have to get back to them in 14 days. It may very well be that the hearing won’t be scheduled for another four or five weeks after the date you originally filed your request for hearing.