License Suspension for Drunk Driving
First time offenders risk losing their license for 30 days, with an additional 150 days restricted driving privileges. If a plea to impaired driving is agreed upon with the prosecutor, the driver's license is not suspended at all, but it is restricted for 90 days. This is the carrot and stick used by the State of Michigan to convince first time offenders to plead guilty to impaired.
Repeat offenders face license revocation upon conviction. The courts are no longer permitted to grant restricted licenses based upon any personal hardship that might be suffered. A person whose license is revoked must request reinstatement through the DLAD (Driver's License Appeal Division) after they have reached their eligibility date. To satisfy the DLAD, a person must provide a positive alcohol evaluation, and they must show that they have a) stopped using alcohol, b) successfully completed alcohol therapy, c) regularly attend a support group such as Alcoholics Anonymous, d) produce letters from family and friends showing a change in lifestyle and impact from being alcohol-free, and e) show a reason and need to drive.
Driving on a suspended or revoked license (DWLS) or proof of driving on a suspended or revoked license (such as an abstracted ticket for "no operator's permit on person") will results in an additional term of suspension being added to the suspension period. Thus, the eligibility date is extended farther out by the Secretary of State upon conviction or proof of DWLS.
If a driver refuses to take a Datamaster breath test (not the PBT, but the breath test at the police station), the driver has 14 days to challenge an automatic suspenion that lasts for one year. A second refusal within seven years results in a two year suspension.
Please do not hesitate to call our law offices if you have been charged with a drunk driving DUI OWI DWI charge. Call us toll free at (888) 941-1122. Experienced drunk driving defense attorneys are ready to help you fight your case.
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