“How can I get my suspended license back in Michigan?” If that’s a question that’s been on your mind, you’ll be happy to hear that it might not be as hard as you may have been led to believe.
Following are some of the most common questions and answers about how you can get a suspended license back, as well as those pertaining to other factors that may be involved.
How can I get my suspended license back? What do I have to do?
If you have 2 or more DUIs within a 7 year period, you will actually have a revocation, not a suspension. As long as you have corrected the issues that led to the revocation, you should be able to go through the typical steps to obtain your license once again.
Does the length of time since my last DUI affect license restoration?
You will have to complete the term of your revocation before you can get your license back. The revocation period depends on how many drugged or drunken driving convictions you have had, as well as other factors.
Some of the guidelines for drunken driving-related revocations and procedures in Michigan are as follows:
- Courts must decide drunk driving and drugged driving cases within 77 days after the arrest.
- After a first DUI, there is a mandatory 6-month driver’s license suspension, which would forbid the individual from driving anywhere. The individual may be eligible for a restricted license after 30 days of the suspension. A restricted license allows the individual to drive to specific locations, such as to work or counseling sessions.
- For a first DUI, if the driver’s blood-alcohol level was 0.17 or higher (known as a high BAC), his or her license would be suspended for one year. The driver may be eligible for a restricted license after 45 days of the license suspension, but he or she typically would have to use an ignition interlock device.
- After a first DUI, drivers also would be required to participate in counseling or rehabilitation programs.
- For a second DUI, a driver would also have to spend 5 days to one year in jail.
- Subsequent DUI penalties would become increasingly greater.
A DUI would be considered a felony if it is a third conviction or if the drunken driver’s actions led to a death or serious injury.
Are the laws the same in 2022?
In August 2021, Michigan Gov. Gretchen Whitmer signed House Bills 4219 and 4220, which would allow for expungement of first-time convictions of operating while intoxicated. The law will go into effect on Feb. 19, 2022.
Prior to the enactment of this legislation, Michigan residents who only had one DUI, even if it had been decades ago, would have had to live with it on their records forever. Many state lawmakers said it was unfair to punish people for the rest of their lives, as having a drunken driving conviction on their records may impact their ability to get certain jobs and more.
The bills were expected to allow approximately 200,000 non-repeat OWI offenders to have the opportunity to apply for a clean record.
“No one should be defined by a mistake they have made in the past,” Gov. Whitmer said in a press release. “These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.”
The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court, which would be reviewed and determined by a judge. Incidents that caused death or serious injury to a victim are not eligible.
In the press release, Safe & Just Michigan thanked Gov. Whitmer for signing these popular, bipartisan bills.
“Drunk driving is a serious problem in Michigan, but permanently limiting a person’s ability to work and drive based on a one-time, decades-old mistake does not make sense,” Safe & Just Michigan Executive Director John S. Cooper said in the release. “People who can show that their DUI conviction was a one-time mistake should have an opportunity to make a fresh start.”
In a related update, Gov. Whitmer also signed legislation that would keep Michigan’s blood-alcohol content limit for driving at 0.08. If she had not signed it prior to an Oct. 21, 2021, sunset date on the law, the limit would have reverted to 0.10, which is the standard limit that many other states currently have.
Do I need a lawyer to get my suspended license back?
Seeking a lawyer’s assistance may be helpful, but getting a suspended license back if you’re eligible should be cut-and-dry. In my case, I typically handle drunken-driving related license revocation cases as opposed to general license suspension cases.
However, you may contact me for answers to some of your basic questions. Call me at 248-374-0722 or email me through my website, and I will get back to you as soon as possible.