Driving is a huge part of living a full life in Michigan. Typically, you need to run errands, transport your children, visit family and friends, and much more. You probably need a driver’s license for your career.
When you’re convicted or plead guilty to first offense OWI in Michigan, your driver’s license will be suspended for 30 days. In those 30 days, you cannot drive at all.
Once completed successfully, you’ll be granted a restricted license for 150 days. In those 150 days, you’re permitted to drive only to and from work and/or school and you must undergo court ordered treatment. If you successfully complete 150 days on a restricted license and your court mandated treatment, then you’ll get your license back after paying the driver’s license reinstatement fee.
However, you may be able to avoid all this by hiring a DUI specialist attorney to handle your case.
Dirty Little Secret
The overwhelming majority of attorneys don’t know how to work DUI cases. Nor will they put in the effort necessary to get the best result for you, one that meets your goals.
Besides not understanding the science, as every DUI involves a chemical test, there’s the dirty little secret lawyers won’t tell you. Getting a first offense reduced to operating while visibly impaired (OWVI) is something you can very likely do yourself. You probably don’t need an attorney, one you’re paying for yourself or even a court appointed attorney.
Now if you want or need a result better than OWVI, you need an attorney with a proven track record of fighting for their clients. This can mean success in taking a large number of DUI cases to a jury trial, and it can mean being an expert in forensic science. But whatever you do, don’t settle for or choose an attorney based only on price. You will get what you pay for.
Request a free consultation with one of our attorneys before making a decision that could change your life forever. Because, remember, you cannot expunge a DUI conviction meaning it will be with you for the rest of your life.
This suspension is unknown to most. Even if you’re not driving at the time you possessed the controlled substance, your driver’s license will be suspended at sentencing for possessing or using a controlled substance. The suspension is for 180 days, with a restricted license available after the first 30 days.
This is incredibly important to consider when you’re arrested for one of the above mentioned offenses. Obtaining some sort of conviction relief (MCL 333.7411 or the Holmes Youthful Trainee Act “HYTA”) can keep the suspension from taking effect. However, it’s important to remember that you don’t even need to be near a vehicle for this suspension to occur.
According to MCL 257.626, reckless driving is defined as operating a motor vehicle on a public roadway (including parking lots), public lake, frozen pond, or stream with a “wanton or willful disregard for the safety of persons or property.”
If convicted of reckless driving, six points will be added to your driving record by the Secretary of State MI (SoS). You’ll also be banned from driving for 90 days. If you received a prior conviction within 7 years, your driver’s license will be revoked.
Implied Consent Refusal Suspension
This is something you may not know. Under Michigan’s Implied Consent Law, all drivers are considered to have given their consent to a chemical test to determine your bodily alcohol content (BAC) if arrested for drunk driving.
If you refuse the test, six points will be added to your driving record and your driver’s license will be suspended for a year automatically. This is a separate consequence from any subsequent convictions from a habitual traffic offender resulting from the traffic stop.
Additionally, if you refuse to take the test or if the test shows your BAC is 0.08 or more, your Michigan driver’s license will be destroyed by the officer and you will be issued a 625g paper permit to drive until your case is resolved in court. However, the implied consent suspension may be appealed to the Administrative Hearing Sections.
There are many understandable reasons that one would refuse a chemical test, such as being diabetic. For any chance of getting your license back after an Implied Consent violation, it’s extremely important to hire an attorney who specializes in Implied Consent Refusal cases.
Breath Alcohol Ignition Interlock Device (BAIID) Violations
BAIID violations are separated into two categories: minor and major violations. Major violations include tampering with an ignition interlock device, missing or failing a “rolling retest,” and more.
Unless you enter a hearing with a solid defense, the consequences will take effect immediately after the violation is issued. Your original driver’s license suspension or revocation will be reinstated, and you’ll have to start from the beginning.
Driving While License Suspended (DWLS) or Driving While License Revoked (DWLR)
Both DWLS (driving under suspension) and Driving While License Revoked (DWLR) charges are misdemeanors with a maximum penalty of the following for a first offense:
- Up to 93 days in jail
- Up to $500 in fines
Additionally, your license will be suspended for an additional period of time and two points will be added to your driving record. A second or subsequent offense carries the following punishments:
- Up to one year in jail.
- Up to $1,000 in fines
If a minor is caught with fake identification to purchase alcohol, or if an adult is caught furnishing alcohol to minors, then he or she may be convicted of a misdemeanor according to MCL 436.1703. A first offense carries a maximum penalty of 93 days in jail and a $100 fine.
Once the Michigan SOS receives notice of conviction from the appropriate court, they will automatically suspend your license for 90 days.
Fleeing or Eluding – 3rd or 4th Degree
Under Michigan law, if an individual is convicted or 3rd or 4th degree fleeing and eluding a police officer, then their driver’s license will be suspended. Additionally, they’re ineligible for a restricted license during this one year suspension.
However, after the suspension period is successfully passed, the individual may pay the $125 driver’s license reinstatement fee to recover full driving privileges.
Failure to Appear in Court (FAC) or Failure to Comply with Court Judgement (FCJ)
Both charges are misdemeanors under MCL 257.321a. Courts use these charges to compel people to show up for court dates and/or pay their fines/costs. Both FAC and FCJ carry indefinite periods of suspensions, as the license will not be reinstated until the matter is resolved and the court grants a clearance.
How to Check if My License is Suspended in Michigan
To find out if your license is suspended in Michigan, you may purchase a copy of your record from the Record Lookup Unit. This process may take up to two weeks. The request form is available at this website. However, our office can run your driving record at our office to jumpstart restoring your driver’s license.
How to Get Your Driver’s License Back After Suspension or Revocation
As the firm with a 98% success rate with driver’s license restoration cases, we are prepared to take on your case and restore your driving privileges. Contact our team of experienced criminal defense attorneys or call us at (248) 220-7091.