Can you get a restricted license after a second DUI in Michigan?
This is one of many questions my clients frequently ask. The answer is that it’s possible, but patience is key because it involves several processes and steps that must be followed. If they are, you may even be able to graduate to a non-restricted license with time.
Getting the answers to your questions is the first step in determining what needs to happen in order to get a restricted license, get your license unsuspended, or restore a revoked license.
What are the possible penalties for a second drunken-driving offense in Michigan?
In Michigan, it is illegal to drive with a blood-alcohol level of 0.08 or higher or with any amount of a Schedule 1 controlled drug in your body.
Following are the possible penalties for a second DUI in Michigan within seven years:
Operating While Intoxicated
- $200 to $1,000 fine, and one or more of the following:
- 5 days to 1 year in jail
- 30 to 90 days of community service
- Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years)
- License plate confiscation
- Possible vehicle forfeiture
- Vehicle immobilization for 90 to 180 days, unless the vehicle is forfeited
- 6 points added to the offender’s driving record
Operating While Visibly Impaired
- $200 to $1,000 fine, and one or more of the following:
- 5 days to 1 year in jail
- 30 to 90 days of community service
- Driver’s license revocation and denial for a minimum of 1 year (minimum of 5 years if there was a prior revocation within 7 years)
- License plate confiscation
- Possible vehicle forfeiture
- Vehicle immobilization for 90 to 180 days unless the vehicle is forfeited
- 4 points added to the offender’s driving record.
What is the difference between a revoked license and a suspended license?
There are significant differences between a revoked license and a suspended license, and they will affect the process of trying to get your license back.
In simple terms, a license suspension is usually temporary, although it can last anywhere from 30 days to more than a year. In order to get your license unsuspended after a second DUI in Michigan, you will have to wait until the waiting period is over. Afterward, you can pay a fee at the Michigan Secretary of State’s office to get your license automatically restored.
On the other hand, your license will be revoked after a second DUI in Michigan, as well as after subsequent offenses. A license revocation refers to having your license taken away completely, which typically occurs in the case of multiple drunken driving offenses or in the event of a fatality or serious injury.
In this case, you will have to wait one year before requesting a hearing to have your license restored. The hearing would take place before the Michigan Secretary of State’s Office of Hearings and Administrative Oversight board.
How can I get a restricted license after a second DUI in Michigan? How does a restricted license work?
If you have had your license reinstated after a revocation, you will start off with a restricted license for one year. The restricted license allows you to travel to and from work, school, community service, and alcohol or drug treatment. You may have to carry proof of your destination with you, and you will be required to use an ignition interlock device.
You can get a restricted license after a second DUI in Michigan through the SOS hearing or by being granted one through sobriety court.
When might I be able to obtain a non-restricted license? What is the process after a waiting period?
Once that one year is over, you can attend a hearing to obtain a non-restricted license. You will have to show proof that you followed all of the judge’s orders, attended sobriety classes, and used the ignition interlock device properly.
Do I need an attorney to help me?
It’s not a requirement to have an attorney help you get your license unsuspended after a second DUI in Michigan, nor is it required to have an attorney with you if you are trying to get a revoked license reinstated.
But we can’t stress this enough: It’s extremely beneficial to work with an experienced license restoration attorney in order to get your license reinstated.
Whether you have had your license suspended or revoked, getting it back can be a complicated, complex process. More importantly, if you don’t provide the necessary documents, such as letters of recommendation from individuals who can attest to your sobriety, you could lose your case. If that happens, you would be required to wait another year before you can try again.
In other words, there’s a lot to do, and you should do it right. Working with an experienced license restoration lawyer can give you the peace of mind in knowing that you completed the process correctly.