Marijuana convictions are one of the many ways your driver’s license can be suspended/revoked. We have helped many people just like you restore their driver’s licenses after a DUI conviction.
Although most people associate it with alcohol use, a DUI (driving under the influence) conviction may also refer to driving under the influence of marijuana or other drugs. After a first DUI, a driver’s license is usually suspended, but after two or more drunken driving DUIs or “marijuana DUIs,” a driver’s license would be revoked. Those two DUIs would occur within 7 years of each other. They could be:
- Both based on drinking and driving
- Both based on using marijuana (or other drugs) and driving
- One alcohol-based conviction and one marijuana-based conviction
- A combination of drug and alcohol use in one or both cases
Regardless, it is possible to get a driving license after a marijuana conviction, but it will require several steps.
When is Marijuana Illegal in Michigan?
Recreational marijuana use became legal in Michigan in 2018, and it was approved for medicinal use in 2008. But that doesn’t allow carte blanche use of the drug, as there are still many situations where marijuana use is illegal.
- Recreational marijuana use is illegal for individuals under the age of 21.
- You cannot use marijuana recreationally and drive, according to the Michigan Regulation and Taxation of Marihuana Act. The law states that a driver is prohibited from consuming recreational marijuana while operating, navigating, or being in physical control of any motor vehicle.
- Marijuana use must occur in private; you cannot use marijuana in a public space.
- You cannot carry or possess cannabis in areas frequented by children, such as schools or buses, or other drug-free zones.
- Federal law may take precedence over state laws, so federal buildings may still prohibit marijuana possession.
- At their discretion, employers can still forbid marijuana use, especially if it would impair employees’ ability to work. Using marijuana during a lunch break, for example, could be a fireable offense.
- Although you can grow up to 12 marijuana plants at home, various laws govern this practice and limit the amount that can be grown. For instance, plants must be kept in an enclosed, secure area that is not accessible to the public; this includes plants that are grown outdoors, which shouldn’t be visible to individuals outside your property, such as from your neighbor’s home.
Restoring a Suspended Driving License after a Marijuana Conviction
To try to get a suspended driving license back, you typically only need to submit a request through the Michigan Secretary of State’s office.
One DUI is considered a misdemeanor, and typically your license would be suspended for six months. If you had a high blood-alcohol level – 0.17 or higher – at the time of the incident, your license would be suspended for one year.
You may be able to apply for a restricted license 30 days after the suspension if you can assure the judge that you are attending sobriety classes.
After the entire suspension period is over, you should be able to get your license renewed by submitting an application through the SOS office, as long as you followed all of the judge’s orders. You would have to pay a license reinstatement fee of $125, as well as other fees.
Getting a Revoked License Back after a Marijuana Conviction
Two or more DUI convictions – whether they are both related to drugs, both related to alcohol, or a combination of both – would result in a driver’s license revocation.
To attempt to get your license back after a revocation, you would have to present your case before a Michigan Department of State hearings board. Before applying for a hearing, you would have to have completed the terms of your revocation, such as attending drug rehabilitation classes or using an ignition interlock device as told.
During the hearing, you would present testimony regarding why you should get your license back, and you can have friends, family, and your counselor testify on your behalf as well. If you request my services for your case, I will be there to discuss your progress as well.
Prior to the hearing, you should ask three to six people to write letters discussing your sobriety and your efforts to stay away from drugs and alcohol. One of these letters should come from a mental health therapist or substance abuse counselor. You also would have to submit a drug screening that shows you are clear of any substances.
While getting your suspended driving license back after a marijuana conviction is straightforward, trying to get your license back after a drug use-related revocation can be complex. For that reason, it’s important to consider having an attorney who is skilled in this area to help you, and that’s what I’m here for. Contact me if you want to know more about the first steps to take to get your license back after a marijuana use conviction.