In addition to court-imposed penalties for DUI, the Michigan Department of State (aka the Secretary of State) imposes driver’s license sanctions. The driver’s license penalties vary depending on the alcohol offense and the driver’s history.
Some driver’s license penalties end automatically after a set period of time. Others require a Hearing before the Secretary of State. The driver’s license suspension caused by a first offense ends automatically whereas the driver’s license revocation caused by a second or subsequent offense (within 7-years) requires a Hearing.
How to get your driver’s license back after 1 DUI
After a DUI, your license may be suspended or revoked. A first offense for Operating While Intoxicated (OWI) will cause a 180-day suspension of your driver’s license. You may be eligible for a restricted license for all or part of that time, except for the first 30 days.
A first offense for Operating While Visibly Impaired (OWVI) causes a 90-day suspension of your driver’s license, with a restricted license available for all or part of that time. A first offense for Operating With a High Blood Alcohol Content (also known as “super drunk”) results in a 1-year suspension. However, you may be eligible to drive after the first 45 days with a breath alcohol ignition interlock device.
How to get your driver’s license back after 2 or more DUIs
Two DUIs within 7 years of each other will cause your driver’s license to be revoked. However, a revocation is different from a suspension. If your license is revoked, you will not be eligible for a restricted license, even for work purposes. However, you will be eligible for a Hearing after a year.
But you don’t get your driver’s license back automatically after a year. Rather, you are able to schedule a Hearing with the Secretary of State. At your Hearing, you must prove that:
- your substance use disorder is under control and likely to remain under control.
- you have completely abstained from alcohol and drugs for at least 12 months.
Additionally, you must submit a current Substance Use Evaluation, 10-panel drug test with 2 integrity variables, 3-6 community letters and a Petitioner’s Affidavit.
As you can see, the requirements to get your driver’s license back after a second or subsequent DUI are much more demanding than after a first offense. You must present substantial proof of your sobriety and you also have to testify under oath at a Hearing. For these reasons, you should enlist help from an attorney who specializes in driver’s license restorations.
Attorney Morris has enjoyed a very successful and distinguished career as a trial lawyer providing high quality legal representation in the area of state and federal criminal defense for 20 years. He is known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he is dedicated to attaining justice in every case, and is prepared to take on complex legal issues with success. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He is also an active member of the National Association of Criminal Defense Attorneys and has also graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris was chosen as a Top Lawyer of Metro Detroit for 2012, 2013, 2014, 2019 and 2020 for DUI/DWI and criminal defense by DBusiness Magazine and Hour Magazine. Barton Morris was also chosen as a Super Lawyer in Criminal Defense for 2014-2020 and Barton Morris is the only Lawyer in Michigan designated by the American Chemical Society as a “Forensic Lawyer-Scientist”