As a seasoned criminal defense attorney in Grand Rapids, MI, I frequently handle cases involving driver’s license revocation. In Michigan, having your license revoked is one of the most severe penalties you can face, affecting both your personal and professional life. If you’re facing the revocation of your license, understanding how long the revocation may last and the steps needed to regain your driving privileges is crucial.
What Is a Driver’s License Revocation in Michigan?
Driver’s license revocation differs from a suspension. While a suspension temporarily removes your driving privileges with a predetermined end date, revocation terminates your license indefinitely. This means that, unlike a suspension, you won’t automatically get your license back after a set period. Instead, you must go through a reinstatement process.
In Michigan, revocation is typically a lifetime penalty, but depending on the offense, you may apply for reinstatement after meeting certain eligibility requirements.
How Long Can Your License Be Revoked in Michigan?
The length of time your license can be revoked in Michigan varies based on the offense. In most cases, revocations last for one year to life. The specific time depends on several factors, including the number of prior offenses and the nature of the violation.
- First-Time DUI/OWI Revocation:
If you are convicted of a first-time DUI or OWI offense with aggravating factors (such as a very high BAC or causing an accident), your license may be revoked for a minimum of one year. - Second-Time DUI/OWI Revocation:
A second DUI or OWI conviction within seven years of the first offense typically results in a five-year revocation of your driver’s license. - Third DUI/OWI Conviction or Felony DUI/OWI:
If you are convicted of a third DUI or OWI offense, or if you are convicted of a felony DUI/OWI (such as one involving serious injury or death), your license will likely be revoked for life. However, you may still apply for reinstatement after at least five years, depending on the specific circumstances of your case.
What Are Indefinite Suspensions?
In addition to revocation, Michigan also enforces indefinite suspensions. This means that your license doesn’t have a predetermined reinstatement date, and your ability to drive is revoked until you fulfill certain legal or administrative requirements.
As of October 1, 2021, new laws went into effect that can change when your driver’s license may be indefinitely suspended. These laws may impact your current driving record and affect your eligibility for reinstatement.
Process of Reinstating a Revoked License in Michigan
While license revocation is severe, it is possible to have your license reinstated under certain conditions. The steps involved in this process include:
- Eligibility for Reinstatement
You can apply for reinstatement after one year for a first-time revocation or after five years for multiple offenses. The length of time before you can apply varies based on your offense. - Request a Driver Assessment and Appeal Division (DAAD) Hearing
To start the process, you will need to request a hearing through the Driver Assessment and Appeal Division (DAAD). At this hearing, you must demonstrate that you have made significant changes and are unlikely to reoffend. - Substance Abuse Evaluation
If your revocation is due to DUI or OWI, you will likely be required to undergo a substance abuse evaluation. The results of this evaluation, along with proof that you’ve completed rehabilitation or sobriety programs, will play a significant role in determining whether your license is reinstated. - Letters of Support
You will need to submit letters of support from at least three people who know you well and can attest to your sobriety, character, and commitment to following the law. - Hearing and Judgment
During the DAAD hearing, you will be asked questions about your past offenses, steps you’ve taken to rehabilitate yourself, and your current situation. Based on the evidence presented, the judge will decide whether your license should be reinstated. - Restricted License
If the judge reinstates your license, it may initially be on a restricted basis, allowing you to drive only for specific purposes such as work, school, or medical appointments.
| Offense Type | Revocation Period | Reinstatement Eligibility |
|---|---|---|
| First OWI/DUI Offense | 1 year | After 1 year |
| Second OWI/DUI Offense | 5 years | After 5 years |
| Third DUI/OWI or Felony DUI/OWI | Lifetime (revocable) | After 5 years (with hearing) |
| Indefinite Suspensions | No set period | Fulfill specific requirements |
What Factors Influence Reinstatement?
Several factors can influence whether your license is reinstated, including:
- The Nature of the Offense:
More severe offenses, such as felony DUI or vehicular manslaughter, may make it more challenging to regain your license. - Past Record:
If you have multiple offenses on your record, especially within a short period, your chances of reinstatement may be diminished. - Compliance with Court Orders:
Demonstrating that you have complied with court orders, including completing sobriety programs or paying fines, can improve your chances of reinstatement. - Sobriety and Rehabilitation:
Providing evidence that you have completed a substance abuse program and maintained sobriety is critical in DUI/OWI-related revocation cases.
What Happens if You Get Pulled Over with a Revoked License in Michigan?
Driving with a revoked license is a serious offense in Michigan. If you are caught driving with a revoked license, you could face the following penalties:
- Misdemeanor Charges:
You may be charged with a misdemeanor, which can result in fines, jail time (up to 93 days), and additional revocation periods. - Vehicle Impoundment:
Your vehicle may be impounded, and you could face additional fees to retrieve it. - Extended Revocation:
If caught driving on a revoked license, your revocation period could be extended, making it even more difficult to regain your driving privileges.
How Michigan’s Driver Responsibility Fees Affect License Reinstatement
One aspect that many people overlook when considering license revocation in Michigan is the impact of Driver Responsibility Fees. These fees were once imposed as part of Michigan’s efforts to deter repeat offenders and high-risk drivers. While the state officially ended this fee program in 2018, certain cases involving older infractions may still carry lingering consequences that affect the reinstatement process.
If you incurred Driver Responsibility Fees before the law was repealed, you may still need to settle any outstanding balances as part of your license reinstatement process. It’s important to check with the Secretary of State’s office or the Driver Assessment and Appeal Division (DAAD) to ensure that your record is clear of any such financial obligations. Failing to settle these fees could delay your reinstatement or add extra hurdles to the process.
What to Do If You Have Unpaid Fees:
- Contact the Secretary of State’s office for a full account of your driving record.
- Settle any outstanding balances that may still apply, particularly if your revocation occurred before 2018.
- Provide proof of payment during your DAAD hearing to avoid further delays in the reinstatement process.
What to Expect After License Reinstatement in Michigan
Getting your driver’s license reinstated in Michigan is just the first step. Once your license is reinstated, there are certain conditions you may need to meet to maintain your driving privileges, especially if your revocation was the result of a serious offense like a DUI/OWI.
- Restricted License Conditions:
Even after a successful reinstatement hearing, many people are granted a restricted license for a period of time. A restricted license limits where and when you can drive, typically allowing you to travel only to work, school, or medical appointments.Make sure you fully understand the terms of your restricted license, as violating these conditions can result in your license being revoked again. Restricted licenses often come with additional monitoring requirements, such as installing an ignition interlock device if your revocation was due to a DUI/OWI.
- Probationary Periods:
After getting your license reinstated, Michigan may place you on a probationary period during which your driving habits are closely monitored. Any infractions, even minor ones, could result in a swift revocation of your driving privileges again. This probationary period is a critical time to drive carefully and avoid additional legal trouble. - Ignition Interlock Devices:
For certain DUI/OWI convictions, you may be required to install an ignition interlock device on your vehicle. This device requires you to pass a breathalyzer test before your car will start. It is often a condition of receiving a restricted license or full reinstatement, especially for repeat offenders.Failure to comply with ignition interlock rules, such as tampering with the device or failing multiple tests, could result in immediate re-revocation of your license.
- Continued Sobriety Requirements:
If your license was revoked due to substance abuse issues, part of maintaining your driving privileges may involve continuing to demonstrate sobriety. This may include routine drug or alcohol testing, attending substance abuse counseling, or participating in community-based programs such as Alcoholics Anonymous.
By understanding these post-revocation expectations, you can better navigate the conditions imposed and work toward keeping your driving privileges intact.
Protect Your Driving Privileges with Expert Legal Help
In Michigan, driver’s license revocations can last from one year to a lifetime, depending on the offense. Navigating the reinstatement process is complex, and having an experienced attorney is critical to improving your chances of success. At D.G. Moore Law, I specialize in helping individuals restore their driving privileges after license revocation. If you’re facing a license revocation or suspension, contact me today for a free no obligation consultation to discuss your options and how I can help you get back on the road.
