Michigan OWI Defense and Implied Consent / Hardship Hearing Package

Michigan OWI Defense and Implied Consent / Hardship Hearing Package

Cover Memorandum and Client Information

SECTION 1 — Implied Consent and License Sanction Summary (Client Handout)

Under MCL § 257.625c, every person who operates a motor vehicle on a public highway in Michigan is deemed to have consented to a chemical test of blood, breath, or urine if arrested for an offense under MCL § 257.625 or other listed implied-consent offense.

Implied Consent Advisement (MCL § 257.625a(6)) must be read verbatim from the prescribed form. An officer who paraphrases or omits a required element produces no actual consent for Fourth Amendment purposes; see People v. Hyde, 285 Mich App 428 (2009).

14-Day Deadline. A driver who refuses the evidentiary chemical test must file a written hearing request with the Michigan Secretary of State within 14 days of the date of arrest / service of the DI-93 (MCL § 257.625f(1)). Missing the deadline = automatic 1-year license suspension (2 years for a second refusal within 7 years). No SOS-issued restricted license is available for an implied-consent suspension; hardship relief lies only in circuit court under § 257.323.

Four Elements at Implied-Consent Hearing (MCL § 257.625f(4)):

1. Whether the officer had reasonable grounds to believe Defendant operated a vehicle while intoxicated / impaired / with a controlled substance present;
2. Whether Defendant was placed under lawful arrest for an OWI-related offense;
3. Whether Defendant was properly advised of chemical test rights under MCL § 257.625a(6);
4. Whether Defendant's refusal was reasonable.

Criminal Penalties under MCL § 257.625 — Key Tiers:

SECTION 2 — Request for Implied Consent Hearing (MCL § 257.625f)

MICHIGAN DEPARTMENT OF STATE — OFFICE OF HEARINGS AND ADMINISTRATIVE OVERSIGHT

Driver's License No.: [________________________________]
Date of Arrest: [__/__/____]
DI-93 Service Date: [__/__/____]

REQUEST FOR ADMINISTRATIVE HEARING — IMPLIED CONSENT

Petitioner, [CLIENT FULL NAME], by and through undersigned counsel, hereby requests an administrative hearing before the Michigan Secretary of State, pursuant to MCL § 257.625f, to contest the proposed suspension of Petitioner's operator's license for an alleged refusal of the evidentiary chemical test, and states:

1. On [__/__/____], Petitioner was arrested by Officer [____________] of the [____________] on an allegation of operating a vehicle while intoxicated in violation of MCL § 257.625.

2. The arresting officer reported an alleged refusal of the evidentiary chemical test and issued a DI-93 form to Petitioner.

3. This Request is timely filed within 14 days of the date of arrest / service of the DI-93 as required by MCL § 257.625f(1).

4. Petitioner places the following statutory elements in dispute (check all applicable):

☐ (a) Whether the arresting officer had reasonable grounds to believe Petitioner committed a violation enumerated in MCL § 257.625c(1);
☐ (b) Whether Petitioner was placed under lawful arrest for an OWI-related offense;
☐ (c) Whether Petitioner was properly advised of chemical test rights under MCL § 257.625a(6) (verbatim reading of the prescribed form);
☐ (d) Whether Petitioner's refusal was reasonable, including whether Petitioner's conduct constituted a refusal as a matter of law (e.g., medical inability, confusion induced by police, withdrawal of refusal within reasonable time).

5. Petitioner requests that:

☐ The proposed suspension be dismissed;
☐ The Secretary of State refrain from any adverse action pending hearing;
☐ A copy of the police report, DI-93, breath/blood records, and in-car/body-worn camera video be produced by Respondent in advance of hearing per Mich. Admin. Code R 257.313.

Respectfully submitted,

[____________________________] (Attorney, P-Number)
[____________________________] (Firm, Address, Phone, Email)
Date: [__/__/____]

Service Address:
Michigan Department of State
Office of Hearings and Administrative Oversight
P.O. Box 30196, Lansing, MI 48909
(send by certified mail with return receipt)

SECTION 3 — Discovery Demand (MCR 6.201)

STATE OF MICHIGAN v. [CLIENT] Case No. [____________]

DEMAND FOR DISCOVERY

Pursuant to MCR 6.201, the Sixth and Fourteenth Amendments to the U.S. Constitution, and Article I §§ 17 and 20 of the Michigan Constitution, Defendant demands:

1. ☐ All written or recorded statements of Defendant and substance of any oral statements (MCR 6.201(B)(3)).
2. ☐ Names and addresses of all witnesses (MCR 6.201(A)(1)) and their statements / police reports (MCR 6.201(B)(2)).
3. ☐ Defendant's prior criminal history (MCR 6.201(A)(2)).
4. ☐ Reports of all experts the prosecution intends to call (MCR 6.201(A)(3)), with qualifications and underlying data.
5. ☐ Documents, photographs, and tangible objects in the prosecution's possession (MCR 6.201(A)(6)).
6. ☐ Any Brady / Giglio exculpatory or impeachment material (Brady v. Maryland; Giglio v. United States; People v. Chenault, 495 Mich 142 (2014)).
7. ☐ All in-car (MVR), body-worn camera, station, and DataMaster-room audio/video.
8. ☐ Officer's SFST/NHTSA training certifications and the SFST scoring document.
9. ☐ DataMaster DMT instrument records — class IV/V operator certifications, instrument calibration / Class IV inspection (within 120 days), simulator solution / dry-gas certifications, instrument logbook, downloaded data, and Michigan State Police breath-alcohol-program records.
10. ☐ Blood-test records — MSP Forensic Science Division case file, gas chromatography raw data, chromatograms, calibration records, analyst notes, internal validation studies, accreditation records, and chain of custody.
11. ☐ Preliminary Breath Test (PBT) instrument records under Mich. Admin. Code R 325.2655 — operator certification, instrument records, 15-minute observation documentation.
12. ☐ Booking video and station-house records (DataMaster room 20-minute observation).
13. ☐ Dispatch / CAD / 911 audio.
14. ☐ Any plea or cooperation agreement with State witnesses.

Defendant simultaneously offers reciprocal discovery as required by MCR 6.201(A).

[____________________________] (Attorney Signature) Date: [__/__/____]

SECTION 4 — Motion to Suppress Evidence

STATE OF MICHIGAN v. [CLIENT] Case No. [____________]

MOTION TO SUPPRESS EVIDENCE

NOW COMES the Defendant, by counsel, pursuant to MCR 6.110 and 6.310, the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution, and Article I §§ 11, 17, and 20 of the Michigan Constitution, and moves to suppress all evidence obtained on [__/__/____]:

Grounds (check all applicable):

☐ The stop was unsupported by reasonable, articulable suspicion (People v. Simmons, 316 Mich App 322 (2016); Terry v. Ohio).
☐ The duration / scope of the stop exceeded its lawful purpose (Rodriguez v. United States, 575 U.S. 348 (2015); People v. Williams, 472 Mich 308 (2005)).
☐ The arrest lacked probable cause (People v. Champion, 452 Mich 92 (1996)).
☐ Field sobriety tests were not administered in conformance with NHTSA standards.
☐ The Preliminary Breath Test was administered without compliance with Mich. Admin. Code R 325.2655 (15-min observation, certified operator), and may not be used to support probable cause (People v. Robe, 337 Mich App 142 (2021)).
☐ The implied-consent advisement under MCL § 257.625a(6) was not properly given verbatim, undermining voluntary consent (People v. Hyde, 285 Mich App 428 (2009)).
☐ The warrantless blood draw violated Missouri v. McNeely, 569 U.S. 141 (2013), and Mitchell v. Wisconsin, 588 U.S. 840 (2019).
☐ The DataMaster DMT was not properly calibrated, Class IV inspected within 120 days, or operated by a certified operator (Mich. Admin. Code R 325.2653 et seq.).
☐ The 15-minute observation period was not satisfied prior to evidentiary breath testing.
☐ Miranda warnings were not given prior to custodial interrogation (Berkemer v. McCarty, 468 U.S. 420 (1984)).
☐ Statements were involuntary under the totality of circumstances.
☐ The OWPD charge is based on a substance for which Michigan's Medical Marihuana Act provides an affirmative defense (People v. Koon, 494 Mich 1 (2013)) — internal possession of THC alone insufficient to convict under MCL § 257.625(8) without evidence of impairment.

WHEREFORE, Defendant respectfully requests suppression of all observations, statements, FST results, PBT results, evidentiary chemical test results, and tangible evidence directly or derivatively obtained.

[____________________________] (Attorney Signature) Date: [__/__/____]

SECTION 5 — Petition for Hardship License / Restricted License

STATE OF MICHIGAN — [____________] CIRCUIT COURT — [____________] COUNTY

Case No.: [________________________________]

PETITION FOR HARDSHIP APPEAL / RESTRICTED DRIVING PRIVILEGES (MCL §§ 257.323, 257.323c)

Petitioner, [CLIENT FULL NAME], by counsel, respectfully petitions this Honorable Court for an order modifying the license sanction imposed by the Michigan Secretary of State, and states:

1. Petitioner's operator's license was [suspended / revoked / denied] effective [__/__/____] as a result of:

☐ Implied-consent refusal under MCL § 257.625f
☐ OWI conviction under MCL § 257.625
☐ High-BAC (Super Drunk) sanction (320-day restricted with IID under § 257.625k)
☐ Habitual offender / Multiple offender revocation
☐ Secretary of State hearing officer denial of reinstatement

2. This Petition is brought pursuant to MCL § 257.323 (de novo review of SOS determination) or MCL § 257.323c (hardship modification).

3. Petitioner has the following hardship grounds (attach affidavit):

☐ Employment — current job at [____________] requires driving; lack of public transit
☐ Family obligations — transporting [child/parent/dependent] for medical / school
☐ Medical treatment requiring travel
☐ Education / vocational training

4. Petitioner offers the following terms (proposed restrictions):

☐ Travel only to / from / during employment (work hours + 1 hour)
☐ Travel only to court-ordered treatment / probation / community service
☐ Travel only for medical appointments
☐ Travel only for educational activities
☐ Installation and maintenance of an ignition interlock device under MCL § 257.625k for any period required
☐ SR-22 / proof of financial responsibility filed with SOS
☐ No alcohol consumption; submission to PBT / EtG testing if ordered
☐ Restricted to a single specified vehicle

5. Required Supporting Documentation (attach):

☐ Certified driving record (Master Driving Record)
☐ Substance abuse evaluation (current within 90 days)
☐ Proof of treatment / AA / NA attendance and sponsor letter
☐ Three notarized letters of support
☐ Employer letter confirming employment and need to drive
☐ Proof of vehicle insurance (SR-22 if required)
☐ Recent ignition interlock report (if currently on IID)
☐ Negative drug / alcohol screens (12 months recommended)

[____________________________] (Attorney Signature, P-Number) Date: [__/__/____]
[____________________________] (Petitioner Signature) Date: [__/__/____]

Notice of Hearing: Please take notice that the foregoing Petition will be heard on [__/__/____] at [____] [a.m./p.m.] before Judge [____________].

SECTION 6 — Plea Negotiation and Sentencing Worksheet (MCL § 257.625)

HYTA / 7411 Note: Standard OWI offenses are not eligible for Holmes Youthful Trainee Act (MCL § 762.11) or MCL § 333.7411 deferred status. Confirm before negotiating.

Sobriety Court. Eligible offenders facing license revocation (2nd/3rd OWI) may petition for an IID-conditional restricted license through a certified DWI/sobriety court (MCL § 257.304(5); § 257.322 hardship). Counsel should screen eligibility early.

Client Acknowledgement. Counsel has advised me of the maximum penalties, mandatory minimum sanctions, vehicle immobilization risk, ignition interlock conditions, CDL disqualification under 49 C.F.R. § 383.51 (lifetime for two alcohol-related offenses), immigration consequences (Padilla v. Kentucky, 559 U.S. 356 (2010)), and that a Michigan OWI conviction is not generally expungeable except as provided in MCL § 780.621e for certain first-offense OWIs after a 5-year waiting period.

Client Signature: [____________________________] Date: [__/__/____]
Attorney Signature: [____________________________] Date: [__/__/____]

Sources and References

• MCL § 257.625 — OWI / OWVI / UBAL / High-BAC / OWPD
• MCL § 257.625a — Chemical Tests; PBT; Implied Consent Advisement
• MCL § 257.625c — Implied Consent
• MCL § 257.625d — Procedure for Chemical Tests
• MCL § 257.625f — Implied Consent Hearing
• MCL § 257.625k / 625l — Ignition Interlock
• MCL § 257.323 / 323c — Circuit Court Appeal / Hardship Petition
• MCL § 257.319 — License Sanctions
• MCL § 257.904d — Vehicle Immobilization
• Mich. Admin. Code R 257.313 (SOS Hearings); R 325.2653 et seq. (Breath Testing)
• People v. Hyde, 285 Mich App 428 (2009); People v. Koon, 494 Mich 1 (2013); People v. Chenault, 495 Mich 142 (2014)
• Michigan SOS: https://www.michigan.gov/sos
• Michigan DAAD/Hearings: https://www.michigan.gov/sos/license-id/license-eligibility