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 DUI ends automatically whereas the driver’s license revocation caused by a second DUI or subsequent DUI offense (within seven-years) requires a hearing.
Interested in having your driver’s license restored? Request a free consultation now.
How to get your driver’s license back after one DUI
After a DUI, your license may be suspended or revoked. A first offense DUI 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 driving under the influence (DUI) 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 one-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 two or more DUIs
Two DUIs within seven 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’re 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 two integrity variables, three to six 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.
Interested in getting your driver’s license back? Request a free consultation now.
Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. When it comes to criminal defense, Barton’s reputation is stellar. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyer’s Association and as the President of the Michigan Association of OWI Lawyers. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Barton was also the only chosen criminal defense attorney to present to the Michigan State Police’s Impaired Driving Commission on the issues of driving under the influence of marijuana. Regarding marijuana, he has also very well known and respected. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years.