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The Michigan Implied Consent Hearing

Question: Can you discuss the implied consent hearing in Michigan? Do I need an attorney at this hearing?

Answer: Well, you don’t need an attorney, but I would advise you to have an attorney. Present at the meeting are an employee, what they call a hearing officer. He’s not a judge—he is an employee of the Secretary of State’s office. And the police officer is generally present, and that’s the parties at the hearing. It’s usually done in an office of the Secretary of State.

If you don’t live in a major metropolitan area, the likely event is that you’ll go into an office and there will be a closed circuit TV. You and your attorney and the police officer will be present in the room; the hearing officer will likely be in his office in Lansing or in Lavonia, and they will conduct the hearing through a closed circuit TV feed.