A Detroit DUI lawyer can review your driving record, Secretary of State notices, and criminal case to determine what is preventing you from driving legally. Davis Law Group can explain the requirements that apply to your situation and help you determine the next steps.
How Long Is Your License Suspended After a DUI in Michigan?
The length of a license suspension depends on the offense, your prior record, and the circumstances of the conviction. Michigan law provides different sanctions for a first OWI, operating while visibly impaired, high BAC offenses, and certain offenses involving drivers under 21.
Do not assume the suspension begins on the date of your arrest. The effective dates and conditions listed by the Secretary of State determine when your driving privileges change.
First OWI Suspension
A first standard OWI conviction generally results in a 180-day suspension. For an eligible driver with no qualifying prior conviction within the applicable period, the first 30 days are a mandatory no-driving period.
After that period, you may be eligible for restricted driving privileges for the remainder of the suspension. The restrictions determine when and why you can drive, so receiving restricted privileges does not mean you can drive without limitations.
If driving is necessary for your employment, you should determine what restrictions will apply before assuming that your normal commute or work-related travel is permitted.
Operating While Visibly Impaired
A first operating while visibly impaired conviction generally carries a 90-day suspension, with restricted driving privileges potentially available during the suspension if you meet the requirements.
A controlled-substance OWVI can carry a longer suspension. The specific conviction and circumstances matter, so your driving record should be reviewed before determining when you can legally drive.
High BAC Convictions
A first high BAC conviction, involving a BAC of .17 or higher, generally results in a one-year suspension. The first 45 days are a mandatory no-driving period.
After that period, eligible drivers may receive restricted privileges subject to a breath alcohol ignition interlock device, or BAIID. The device must be properly installed and maintained, and violations can affect your ability to keep your restricted driving privileges.
Zero Tolerance Offenses
Michigan also imposes separate license sanctions on drivers under 21 who are convicted of certain zero-tolerance alcohol offenses.
A first zero-tolerance conviction generally results in a 30-day suspension, while a subsequent qualifying conviction within seven years can result in a longer suspension. A driver under 21 who is convicted of standard OWI can face the sanctions that apply to that offense instead.
The important question is not simply how long the suspension lasts. You also need to determine whether restricted driving is available and what conditions apply.
What Happens If You Refuse a Chemical Test After an OWI Arrest?
Michigan’s implied consent law can result in a separate driver’s license suspension when a person refuses a qualifying chemical test after an OWI arrest.
A first refusal generally results in a one-year suspension, while a second refusal within seven years can result in a two-year suspension. A refusal also carries consequences for your driving record.
The administrative suspension is separate from the criminal OWI case. Even if you are challenging the criminal charge, you should not assume that the implied consent issue will be resolved with the criminal case.
How Long Do You Have to Request an Implied Consent Hearing?
You generally have 14 days from the date of the notice to request an implied consent hearing. This deadline is important because failing to request a hearing on time can prevent you from challenging the suspension through that administrative process.
The hearing can address issues such as whether the officer had reasonable grounds to believe you were operating while intoxicated, whether you were arrested, whether you actually refused the test, and whether the officer properly advised you of the consequences.
A medical condition or other circumstance may also affect whether a refusal occurred or whether it was reasonable under the circumstances. The officer’s report, recordings, medical records, and other evidence may all be relevant.
Can You Appeal an Implied Consent Suspension?
Depending on the circumstances, a driver may have options to seek restricted driving privileges through the circuit court after a refusal suspension. Eligibility and the applicable procedure depend on the specific license sanction and driving record.
The location of the proceeding can also matter. Implied consent appeals are generally filed in the county of arrest, whereas other license appeals may follow different jurisdictional rules.
Before seeking relief, have your entire driving record reviewed. Another suspension, revocation, or licensing sanction can affect whether a court order actually allows you to drive.
How Do You Get a Restricted License After a DUI in Michigan?
A restricted license does not restore unlimited driving privileges. It permits you to drive only under the conditions established by Michigan law and the applicable order or license restriction.
Depending on the type of sanction, permitted driving can include trips for employment, education, treatment, probation, court appearances, and certain medical needs. The exact restrictions depend on the circumstances of your case.
You should understand the restrictions before driving. A trip that seems necessary may not automatically be authorized. Driving outside the terms of a restricted license can result in additional consequences.
What Is a BAIID and When Is One Required?
A breath alcohol ignition interlock device prevents a vehicle from starting unless the driver provides a breath sample within the device’s requirements. The device may also require additional samples while the vehicle is operating.
BAIID violations can jeopardize restricted driving privileges. Alcohol readings, missed rolling tests, tampering, or other problems can result in an alleged violation that requires further action.
If an interlock reports a problem, preserve the service records and other documentation. Do not assume that a reported violation automatically means you intentionally violated the requirements. The circumstances surrounding the reading or device issue can matter.
Can Sobriety Court Affect Your License?
Michigan law provides a restricted-license path for certain drivers who participate in qualifying specialty court programs, including sobriety court. Eligibility depends on the statutory requirements and the driver’s circumstances.
Participation in sobriety court involves more than obtaining a restricted license. It can require treatment, testing, probation supervision, and compliance with an interlock program.
If you are considering sobriety court while an OWI case is pending, understand how participation could affect both your criminal case and your driving privileges before entering the program.
What Happens When Your License Is Revoked for Repeat OWIs?
A revocation is more serious than a temporary suspension because the expiration of the minimum waiting period does not automatically restore your driving privileges.
Michigan law provides for revocation based on qualifying repeat OWI convictions. Two qualifying convictions within seven years or three within ten years can result in revocation under MCL 257.303. Certain prior out-of-state convictions and other offenses can also affect your driving record.
The standard minimum revocation period is generally one year. Certain repeat revocations can result in a five-year waiting period.
The date you become eligible to request a hearing is not the same as the date you automatically receive a license. You must still establish that you satisfy the requirements for restoration. Do not rely only on the convictions from your most recent OWI case.
The Secretary of State’s complete driving record should be reviewed because prior convictions, suspensions, revocations, and other sanctions can affect your eligibility.
How Does Michigan Driver’s License Restoration Work?
When an alcohol- or controlled-substance-related revocation requires a restoration hearing, the proceeding is handled by the Michigan Secretary of State’s Office of Hearings and Administrative Oversight, or OHAO. OHAO reviews the evidence, conducts the hearing, and issues the decision regarding restoration.
The restoration proceeding is separate from your criminal case. A criminal court determines the outcome and sentence for the OWI charge. The Secretary of State hearing addresses whether you have met the legal requirements to regain your driving privileges.
What Does the Hearing Officer Consider?
For qualifying revocation and denial cases, Michigan’s driver licensing rules require evidence concerning whether alcohol or substance abuse is under control and likely to remain under control, along with the driver’s risk of returning to unsafe behavior and ability and motivation to drive lawfully. The applicable rules establish the evidentiary requirements for these determinations.
The hearing officer does not decide simply whether you need a driver’s license. The question is whether the evidence establishes that you meet the requirements for restoration.
Your testimony, substance use evaluation, drug testing, support letters, treatment history, driving record, and other evidence can all affect the decision.
What Evidence Is Needed for a Restoration Hearing?
A restoration application generally requires a current substance use evaluation when the applicant has a qualifying history of alcohol- or controlled-substance-related offenses. The evaluation must be completed by a qualified evaluator and should accurately address the applicant’s history.
A laboratory drug screen is also required in applicable cases. The Secretary of State currently requires a 12-panel laboratory drug screen with at least two specimen-integrity variables. Instant tests are not accepted for this purpose.
The evidence should tell a consistent story. Sobriety dates, treatment history, prior offenses, prescriptions, and statements from support letters should not contradict the information provided to the evaluator or hearing officer.
Community support letters can also be part of the evidence package. The current OHAO process allows three to six community support letters when the applicant does not intend to present witnesses.
The strength of the evidence matters more than simply submitting a large number of documents. A support letter should explain what the writer personally knows about your sobriety and current behavior.
What Happens After a Successful Restoration Hearing?
For many drivers returning from an alcohol-related revocation, the first restoration order provides restricted driving privileges subject to an ignition interlock.
The order controls where and when you can drive and establishes the conditions you must follow. The interlock generally remains in place while you demonstrate compliance with the requirements for obtaining full driving privileges.
After satisfying the applicable requirements, you can request another hearing to seek removal of the restrictions and interlock. Continue following the existing order until the Secretary of State authorizes a change.
Can You Appeal a License Restoration Denial?
If OHAO denies your request, you may have the right to appeal the determination to the circuit court. The current Secretary of State process generally requires a circuit court petition within 63 days after the determination. Under certain circumstances, a court may permit a later filing when good cause is shown. The appropriate court also depends on the type of license proceeding.
A court appeal is not simply another opportunity to submit an entirely new restoration application. The hearing record and the hearing officer’s findings are important. If you receive a denial, preserve the written decision and have it reviewed promptly.
Where Are Michigan License Restoration Hearings Held?
OHAO currently conducts its driver license hearings through Microsoft Teams. Your Notice of Hearing identifies the assigned hearing officer and provides the information needed to participate.
This is different from the criminal OWI case. Your criminal case may take place in a district court based on where the alleged offense occurred, while the license restoration proceeding is an administrative matter handled by the Secretary of State.
For a virtual hearing, use a reliable device with a working camera and microphone. Choose a quiet, private location and have your hearing documents available. Follow the instructions on your notice rather than relying on an older hearing location or previous hearing procedures.
What Happens If You Miss Your License Restoration Hearing?
If you cannot attend a scheduled OHAO hearing, you should request an adjournment as soon as possible.
Under current OHAO instructions, an adjournment request generally must be submitted in writing at least two business days before the hearing and include documentation supporting the reason for the request.
The hearing remains scheduled unless OHAO approves the request. Do not simply fail to appear. Missing a hearing without an approved adjournment can result in a significant delay before you can request another hearing.
Do You Have to Pay a Reinstatement Fee?
Some license sanctions require payment of a reinstatement fee before driving privileges can be restored. The standard reinstatement fee is generally $125, although statutory exceptions can apply.
Paying the fee does not necessarily resolve every problem on your driving record. Other suspensions, revocations, holds, fines, or licensing requirements can continue to prevent you from driving. Before driving, confirm that the Secretary of State record shows you are legally permitted to do so.
Does Expunging a DUI Restore Your Driver’s License?
Setting aside or expunging a criminal conviction does not necessarily restore your driving privileges. Michigan’s criminal record laws and driver’s license laws address different issues. A conviction may be set aside for purposes of your criminal record while the related driving sanction remains on your Secretary of State record.
If your license was suspended or revoked, determine what separate reinstatement or restoration requirements apply. Do not assume that a set-aside order gives you permission to drive.
How Does Davis Law Group Handle Michigan License Restoration Cases?
Getting a Michigan driver’s license back often requires more than completing a waiting period. The first step is determining exactly what is on your driving record and which sanction is preventing you from driving.
Attorney Maurice Davis can review your driving record, Secretary of State notices, prior convictions, suspensions, and revocations to determine when you may be eligible for relief. If an implied consent suspension is involved, we can also assess whether a hearing deadline or other remedy applies.
For a restoration hearing, the evidence needs to be complete and consistent. We can review your substance use evaluation, drug screen, treatment records, support letters, and other documentation before the hearing.
If your OWI case is still pending, we can explain how a potential resolution could affect your license. If you have already been convicted and are awaiting restoration eligibility, we can focus on the evidence and requirements applicable to the Secretary of State proceeding.
The goal is to determine what your record actually requires and address the issues that stand between you and lawful driving.
