If you’ve been charged with a driving-related offense in Michigan, you may be wondering: What is the difference between DWLS and DWLR?
In Michigan, Driving While License Suspended (DWLS) and Driving While License Revoked (DWLR) fall under the same law, but have key differences. DWLS means your driving privileges are temporarily suspended, while DWLR means your license has been permanently revoked. Both are misdemeanor offenses, carrying fines, potential jail time, and extended license suspensions.
With decades of experience handling DWLS and DWLR cases in Michigan, I’ve helped countless clients fight these charges and work toward restoring their driving privileges. Below, we’ll break down the legal distinctions, penalties, and potential defenses for each offense.
Understanding DWLS and DWLR Offenses in Michigan
DWLS stands for Driving While License Suspended, and DWLR stands for Driving While License Revoked. Both are criminal offenses in Michigan.
Key differences
- Definition: DWLS applies when your license is suspended, and DWLR applies when your license is revoked.
- Penalties: Penalties for both offenses are similar, but can be severe, especially with multiple convictions.
- Criminal record: Both offenses will appear on your criminal record.
How to prove DWLS or DWLR
To convict you of DWLS or DWLR, the prosecutor must prove that:
- You were driving a motor vehicle
- You were driving on a highway or in another place open to the public
- Your driver’s license was suspended or revoked at the time
Possible penalties Jail time, Fines, License plate suspension or revocation, Points on your license, and Vehicle immobilization.
Felony charges
Driving while suspended or revoked can be enhanced to a felony if you injure or kill someone.
What Does a Suspended License Mean in Michigan?
A suspended license in Michigan is a temporary prohibition from driving. It can be definite or indefinite.
Definite suspension
- Has a specific start and end date
- For example, a driver might have their license suspended for 30 days for too many points
Indefinite suspension
- Remains in effect until specific requirements are met
- For example, paying outstanding fines or providing proof of insurance
Driving with a suspended license
- Driving with a suspended license is illegal and can result in legal trouble
- A first offense for driving with a suspended license can result in up to 93 days of jail time and a fine of up to $500
Reasons for suspension
- Traffic tickets, such as reckless driving, speeding, or refusing a chemical test
- Alcohol-related convictions
- Violations of driver license suspension/revocation/denial
New laws
As of October 1, 2021, Michigan no longer suspends driver’s licenses for issues unrelated to driving safety, such as missed court appointments and unpaid fees.
How Do You Fix a Suspended License in Michigan?
To fix a suspended license in Michigan, you need to wait until the suspension period ends, then visit a Michigan Secretary of State office to request reinstatement by paying the required reinstatement fee, which is usually $125; however, if your suspension was due to a serious offense like a DUI, you may need to attend a hearing with the Office of Hearings and Administrative Oversight (OHAO) to prove your eligibility to drive again and potentially complete additional requirements like a substance abuse program before your license can be reinstated.
Key points to remember:
- Check the reason for your suspension:
Understand why your license was suspended to know what steps you need to take to get it back.
- Complete required actions:
If your suspension involved a court order, make sure to fulfill any required actions like paying fines, attending traffic school, or completing a substance abuse program.
- Contact the Secretary of State:
Once your suspension period ends, contact the Michigan Secretary of State to initiate the reinstatement process.
- Possible hearing required:
For serious offenses, you may need to attend a hearing with the OHAO to demonstrate your fitness to drive again.
- Seek legal advice:
If your situation is complex, consider consulting a Michigan driver’s license restoration attorney to guide you through the process.
What are the Penalties for Driving with a Suspended License in Michigan?
Penalties for driving with a suspended license in Michigan include fines, jail time, probation, and community service. The penalties depend on the number of prior convictions and whether the offense caused an accident.
First offense Up to 93 days in jail, Up to $500 fine, License sanction, 2 points added to driving record, and Vehicle registration plates may be canceled.
Subsequent offenses Up to 1 year in jail, Up to $1,000 fine, and Vehicle registration plates may be canceled.
Accident involving someone Up to 5 years in prison and $1,000 to $5,000 fine.
Accident involving death Up to 15 years in prison and $2,500 to $10,000 fine.
Probation
- The court may impose a probation period in addition to or in lieu of jail time
- Probation terms may include community service, drug or alcohol prohibition, testing, or therapy
Reinstatement
After the suspension period ends, you may need to pay a reinstatement fee to drive again.
What Does a Revoked License Mean in Michigan?
A revoked license in Michigan means that your driving privileges are permanently terminated. You can only get your license back if you meet certain eligibility requirements and go through a reinstatement process.
Reasons for revocation
- Multiple DUIs
- Vehicular manslaughter
- Medical conditions that impair driving
- A blood alcohol content (BAC) of over 0.08%
- A second or subsequent traffic violation or DUI offense
- An Operating While Intoxicated conviction
Reinstatement process
- You must go through an investigation or re-evaluation of your driving ability
- You may need to face an administrative hearing with a law judge
- The reinstatement process is often more rigorous than reinstating a suspended license
Driving on a revoked license
Driving on a revoked license can be a misdemeanor or felony. Penalties depend on the circumstances.
Legal action
You will need to take legal action to get your license back. A driver’s license restoration attorney can provide expert legal guidance.
How Do You Fix a Revoked License in Michigan?
To get a revoked driver’s license back in Michigan, you must apply for a driver’s license restoration hearing and win the appeal. The process varies depending on the reason for the revocation.
Steps
- Pay all fines
- Pay the $125 reinstatement fee
- Request a hearing with the Secretary of State (SOS)
- Gather documents related to the conviction, programs completed, and court order compliance
- Demonstrate rehabilitation
- Present a strong case at the hearing
- Attend sobriety classes or seek mental health treatment
Additional considerations
- The process is lengthy
- The State presumes you have a drug or alcohol problem if your license was revoked for multiple drug or alcohol-related convictions
- You must establish that your drug or alcohol problem is under control
- You must demonstrate that you have the motivation to drive safely
- You should consider hiring an experienced DUI attorney
What Are the Penalties for DWLR in Michigan?
Driving while a license is suspended or revoked (DWLR) in Michigan can result in jail time, fines, and a suspended license. The penalties depend on the number of prior convictions.
First offense Up to 93 days in jail, Up to $500 fine, Two points on your driving record, A criminal conviction on your record, and Mandatory additional license sanction.
Second offense Up to 1 year in jail, Up to $1,000 fine, Additional court costs, An additional period of suspension or revocation, and Vehicle immobilization for up to 180 days.
Additional penalties Probation, Community service, and Vehicle registration plates may be canceled.
Driving while causing injury or death
- Up to 5 years in prison for causing injury
- Up to 15 years in prison for causing death
The circumstances of your arrest can affect the charges and penalties you face. A skilled attorney can help you fight the charges, seek a reduction, or keep the charge off your record.
Do You Need a Lawyer to Get Your License Back in Michigan?
At the Michigan driver’s license appeal division, individuals have the option to be represented by an attorney, but it is not mandatory for the revoked driver to have a lawyer present at the hearing.
However, you should consider hiring a lawyer to get your driver’s license back in Michigan. The process is complicated and involves an administrative hearing.
Why you might need a lawyer
- Navigating the legal system
A lawyer can help you avoid mistakes that could jeopardize your chances of getting your license back.
- Meeting requirements
A lawyer can help you comply with all the requirements for the hearing, such as drug screens, evaluations, and reference letters.
- Presenting your case
A lawyer can help you present your case to the hearing officer so they understand that you are ready to drive safely.
What to expect
To get your license back, you must take legal action to reinstate it. You may need to wait a year or five years before you can petition for reinstatement.
When to seek help
If you’ve had your license revoked, you should consider hiring a lawyer as soon as possible.
How Can a Driver’s License Restoration Lawyer Help Get Your License Back in Michigan?
A lawyer can help you get your driver’s license back in Michigan by preparing your case, representing you at the hearing, and ensuring you follow the correct steps.
Case preparation
- Gathering documents like driving class records, letters of support, and statements from community members
- Conducting a substance abuse evaluation
- Obtaining a drug screen
- Preparing for the administrative hearing
Representation at the hearing Attending the hearing with you, Presenting your case to the hearing officer, and Ensuring you follow the correct steps.
Ensuring you follow the correct steps
- Clearing fines and obtaining court clearance for any indefinite suspensions
- Presenting evidence of your commitment to sobriety and your ability to drive safely
- Presenting evidence of support, such as letters from friends and family members
- Presenting evidence of your engagement in measures to ensure your sobriety, such as Alcoholics Anonymous (AA) and counseling
How Much Does a Driver’s License Restoration Lawyer Cost in Michigan?
A driver’s license restoration lawyer in Michigan can cost between $1,500 and $7,000, depending on the case and the lawyer’s experience.
Factors that affect cost
- Experience: Lawyers with more experience tend to charge more.
- Location: Lawyers in remote areas may charge less because they handle many different types of cases.
- Case complexity: The more complex the case, the higher the fee.
- Time involved: The more time the case takes, the higher the fee.
Other costs to consider
- You may also need to pay for transportation and substance abuse evaluations.
- If you lose your appeal, you may have to wait to appeal again.
- You may need to pay fines and a reinstatement fee.
Facing a DWLS or DWLR Charge in Michigan? Take Action Before It’s Too Late.
A suspended or revoked license can derail your life, leading to hefty fines, possible jail time, and long-term consequences on your record. But you don’t have to face this alone. At D.G. Moore, P.A., we aggressively fight to protect your driving privileges, minimize penalties, and keep you out of jail.
Every decision you make right now matters. Prosecutors will not go easy on you, and without the right defense, you could be facing an uphill battle. With years of experience successfully defending Michigan drivers, we know how to challenge these charges and fight for the best possible outcome.
If you’ve been charged with Driving While License Suspended (DWLS) or Driving While License Revoked (DWLR), don’t wait until it’s too late. The longer you wait, the harder it becomes to fight the case.
Call D.G. Moore, P.A. now at (269) 808-8007 for a free no-obligation consultation. Get the legal representation you need to protect your future.
Time is not on your side. Take control of your case today.
Further Reading:
- What are the Penalties for an OWI Michigan First Offense?
- How Do I Reinstate My Suspended License in Michigan After a DUI?
- How Long Can Your Driver’s License Be Revoked in Michigan?
- Can You Drive After a DUI Before Court Date in Michigan?
Resources:
- Michigan Secretary of State – Driver’s License Reinstatement
- Michigan Courts – Traffic Violations & Criminal Offenses
- Michigan Department of Licensing and Regulatory Affairs (LARA)
- Michigan Driver’s License Appeal Division (DLAD) – Hearing Information
