There are several reasons why the State of Michigan might suspend a driver’s license. If your license has been suspended, you are likely wondering what you need to do to restore it and get back on the road. Experienced criminal defense lawyer Shaun Marks has helped countless clients restore licenses that were suspended due to DUI or other charges, with a 94% success rate. Contact Shaun today to learn more about how to restore a suspended or revoked driver’s license in Michigan.
Operating While Intoxicated (OWI)
In Michigan, drunk driving is known by the legal term “operating while intoxicated”, or OWI. Michigan state law requires a mandatory license suspension even for first-time OWI convictions.
Those convicted or who plead guilty to a first-offense OWI face a 6 month license suspension. The first 30 days are suspended with a restricted license available for the following 5 months. During this first month, you are not permitted to drive under any circumstances. The restricted license, allows you to drive to and from work or school. You must also go through court-ordered substance abuse treatment.
Following 150 days of a restricted license and the completion of court-ordered treatment, you may restore your driver’s license by paying a driver’s license reinstatement fee.
Drivers who are convicted of OWI twice or more times in 7 years, or three in 10 years, are considered habitual alcohol violators. In this scenario, the state will impose a license revocable of at least 1 year or at least 5 years if the accused has had their license revoked another time in those 7 years.
Super Drunk OWI
Michigan drivers who are convicted of a high BAC OWI (defined as .17 or over in Michigan) face a mandatory one-year driver’s license suspension.
For the first 45 days of the suspension, you will not be allowed to drive under any circumstances. After 45 days, you may apply for a restricted driver’s license. However, you must install a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle before the state issues a restricted license.
For the remaining 10.5 months of the suspension, you are required to avoid any other charges or BAIID violations. If the suspension is completed without any charges or violations, you can pay a $125 reinstatement fee to restore your full driver’s license.
Refusing a Blood or Breath Test
The Michigan statute MCL 257.625c states that all Michigan drivers on public roads and highways automatically give their implied consent to chemical testing for drugs and alcohol. All drivers are legally required to agree to breathalyzer and blood tests based on this doctrine of implied consent.
When a driver refuses to take a chemical test, the arresting officer submits an Officer’s Report of Refusal to Submit to Chemical Testing to the Secretary of State. This offense is considered a civil infraction.
The accused has 14 days from the date of the ticket to contest the charge in writing. If this contest is unsuccessful, the state will suspend your driver’s license for one year and add six points to your driving record for the first offense and two years for subsequent offenses.
Reckless Driving
MCL 257.626 defines reckless driving as operating a motor vehicle with a “wanton or willful disregard for the safety of persons or property.” If you are convicted of reckless driving, the Michigan Secretary of State will add six points to your driver’s license and issue a 90-day license suspension. Those who have prior reckless driving convictions within the past seven years will have their driver’s license revoked.
Whether you face a suspension or a revocation, you may be able to apply to restore your driving privileges. You can learn more by speaking with experienced driver’s license restoration lawyer Shaun Marks.
12 or More Driver’s License Points
Like many other states, Michigan has a points system that assigns different amounts of points for various driving offenses. According to MCL 257.320a, drivers who accumulate 12 points are subject to a reexamination of their driver’s license. During this process, a magistrate or hearing officer will decide whether your license should be restricted, suspended, or revoked.
While the court will be able to make this decision at its own discretion, drivers who accumulate 12 or more points are highly likely to lose their driving privileges. If you have recently accumulated 12 points on your license, consider speaking with an attorney before your driver’s license reexamination hearing.
Contact Michigan Driver’s License Restoration Lawyer Shaun Marks
Michigan driver’s license restoration lawyer Shaun Marks is dedicated to helping his clients get back on the road after a license suspension or revocation. Shaun has a proven track record of success, with a 94% restoration rate. Contact Shaun today at (866) 625-6224 to learn more about your options in a free consultation.
Attorney Shaun Marks had received his Juris Doctor degree with Cum Laude honors from the Detroit College of Law in 1994. He received his undergraduate degree in Criminal Justice from the University of Michigan-Flint. He has served in the U.S. Air force Security Police and as an Assistant city Attorney for the City of Flint. He has also worked in the office of former U.S. Senator Donald Riegle. Attorney Marks has successfully represented thousands of clients in criminal matters in state and federal courts across Michigan.
