Facing a drunk driving stop can trigger two separate tracks in Michigan—an administrative license action and a criminal DUI case. What’s the difference, which one hits you first, and how do you fight both?
Michigan handles your driving privileges in a civil “Administrative License Suspension” (implied consent) process, while the court handles the criminal DUI. The ALS is fast with a 14‑day deadline to request a hearing; the criminal case carries fines, jail exposure, and court‑ordered license sanctions. You must defend both to protect your record.
Written for Michigan drivers and their families by a criminal defense team that handles OWI cases statewide, this guide explains timelines, penalties, defenses, and how to pursue restricted‑license options.
What Is an Administrative License Suspension (ALS) in Michigan?
In Michigan, the civil driver’s license process after a drunk driving stop is called an “implied consent” action. When a driver refuses a legally requested chemical test (typically an evidentiary breath or blood test after arrest), the Secretary of State (SOS) can initiate an administrative suspension that is separate from the criminal court case. This is not a finding of guilt; it is a civil action against your driving privileges based on the refusal. The SOS proceeding moves quickly and has strict deadlines.
Key points drivers often miss: (1) the implied consent case begins immediately and does not wait for the criminal charges, (2) you have a short window to contest the action at an administrative hearing, and (3) losing the ALS can trigger long suspensions even if your criminal case is later reduced or dismissed. In practical terms, protecting your ability to drive requires immediate steps in the administrative track—at the same time your attorney starts working on the court case.
What Is a Criminal DUI (OWI) Case in Michigan?
Michigan criminal courts handle the charge commonly called “DUI” under the statute for Operating While Intoxicated (OWI). The criminal file is separate from the SOS administrative matter. The prosecution must prove the offense beyond a reasonable doubt. Potential outcomes range from dismissal to conviction, with penalties that may include fines, probation, alcohol education or treatment, community service, vehicle immobilization, and in some situations jail. The court can also impose driver’s license sanctions under Michigan law if you are convicted—even if you previously won your implied consent hearing.
Importantly, a criminal OWI case can proceed whether or not you consented to a chemical test. Breath, blood, or urine results may be part of the evidence, but the state can also rely on officer observations, field sobriety tests, dash or body‑cam footage, witness testimony, and other factors. An experienced defense lawyer looks for errors in the stop, the investigation, and the testing process, and challenges the state’s proof on every element.
At‑a‑Glance: ALS vs Criminal DUI Case
| Feature | Administrative License Suspension (Implied Consent) | Criminal DUI / OWI Case |
|---|---|---|
| Decision‑maker | Michigan Secretary of State (administrative hearing officer) | District Court judge and, if trial, a jury |
| Standard of proof | Preponderance / administrative standard | Beyond a reasonable doubt |
| Trigger | Refusal of a lawful chemical test request after arrest | Operating while intoxicated / impaired or unlawful BAC |
| Deadline | Strict window—typically 14 days to request a hearing | Arraignment and pretrial set by court scheduling order |
| License impact | Long suspensions for refusal if not overturned | Court‑ordered suspensions/restrictions upon conviction |
| Appeals | Circuit Court appeal if you lose the hearing | Appeals through Michigan courts under criminal rules |
| Interaction | Independent of the criminal case—but outcomes can influence strategy | Independent of SOS—but court sanctions can stack with SOS actions |
How the Two Tracks Interact
Although the ALS and the criminal case are separate, they are strategically intertwined. For example, a driver who refused a chemical test might face a civil suspension even if the prosecutor amends or reduces the criminal charge. Conversely, a dismissal in court does not automatically restore a license if the driver lost the implied consent hearing. Counsel has to manage both calendars and evidentiary records to protect your ability to drive and your defense in court.
Evidence can also flow differently. The administrative hearing typically focuses narrowly on issues like whether the officer had reasonable grounds to request the test, whether the request was proper, and whether a true refusal occurred. The criminal case is broader, allowing challenges to the stop, probable cause for arrest, the administration and interpretation of field sobriety tests, and forensic issues in breath or blood analysis. A win in one forum may create leverage in the other, but it does not guarantee the same result.
Michigan Timelines: What Happens First?
Immediately after an arrest that includes a chemical test refusal, officers issue paperwork that triggers the implied consent process. You generally have only a short period—commonly 14 days—to request an administrative hearing. Miss that window and the suspension will begin automatically. Meanwhile, the criminal case starts with arraignment (where you enter a plea), followed by pretrial conferences, motion practice, and potentially a trial. Because the SOS clock runs fast, your first phone call should secure representation that will file the hearing request and begin gathering evidence.
On the criminal side, timing varies by court but commonly involves a series of pretrial dates over weeks to months. Your attorney may file motions to suppress evidence (for example, challenging the stop or the admissibility of breath or blood test results) while also negotiating with the prosecutor. Each setting is an opportunity either to narrow the issues, secure a reduction, or prepare for trial.
License Penalties You Should Know
Michigan’s implied consent law can impose significant license consequences for refusing an evidentiary test after arrest. A first refusal within seven years can lead to a one‑year suspension of your operator’s license. A second refusal within seven years can trigger a two‑year suspension. Those administrative suspensions are distinct from criminal sanctions and can apply regardless of how the court case resolves if the refusal finding stands.
For criminal cases, license sanctions depend on the offense level and, in high‑BAC scenarios, may involve longer suspension periods and ignition interlock requirements as a condition of restricted driving. Even for a first OWI conviction, courts can impose a period of suspension followed by restricted driving. Details change with statute updates and case law, so individualized advice is essential.
Defense Strategies for the ALS Hearing
To contest the implied consent suspension, the defense evaluates (1) whether the officer had reasonable grounds to believe you were operating while impaired, (2) whether you were properly advised of Michigan’s implied consent warnings, (3) whether a lawful request for a chemical test was made, and (4) whether a refusal actually occurred (or whether medical, language, or mechanical issues explain the result). Body‑cam and dash‑cam footage, audio recordings, and station logs can be crucial. Witness testimony and medical records sometimes explain what appears to be a refusal.
Common themes include equipment problems, conflicting instructions, or unclear warnings. Inaccurate or incomplete paperwork can also be decisive. Because you have only a brief window to request the hearing, acting quickly preserves your right to present evidence and cross‑examine the officer.
Defense Strategies for the Criminal DUI Case
In criminal court, the defense examines the stop (constitutional grounds), field sobriety testing (administration and scoring), and chemical testing (calibration, maintenance, certification, chain of custody, and scientific reliability). If the test is breath, the defense may challenge instrument accuracy and simulator solution records; if blood, it may analyze collection protocols, preservatives, and lab procedures. Motions to suppress, expert testimony, and cross‑examination of officers and lab personnel are core tools.
Beyond the science, negotiation matters. First‑offense cases—particularly those without accidents or aggravators—may be eligible for reductions or treatment‑forward resolutions. Diversion‑like outcomes are limited in Michigan drunk driving law, but specialty or sobriety‑court programs may provide structured supervision and interlock‑based driving privileges that protect employment while addressing underlying issues.
Restricted License and Interlock Options
Drivers who lose their implied consent hearing sometimes qualify for restricted driving through court programs or, in specific circumstances, via sobriety court participation with ignition interlock. The availability and timing depend on your history and county resources. Separately, certain convictions—especially high‑BAC cases—may allow restricted driving after a hard suspension period if you install interlock and meet all court and SOS conditions. These programs change over time, so it is important to confirm current eligibility and application steps.
Step‑by‑Step Action Plan After Arrest
- Request the implied consent hearing immediately. Do not miss the deadline; late requests are usually denied.
- Retain counsel familiar with both tracks. Your lawyer should handle SOS and court calendars together.
- Preserve evidence early. Body‑cam, dash‑cam, 911 audio, and maintenance logs should be requested right away.
- Map your license options. Ask about restricted driving and interlock paths that fit your case.
- Prepare for pretrial. Attend all court dates; complete recommended alcohol education or evaluation if counsel advises.
Real‑World Examples (Illustrative)
Consider two drivers arrested on the same weekend. The first refuses a breath test after the implied consent warning; counsel files the hearing request within the deadline and wins after showing the officer gave conflicting instructions and failed to provide a clear opportunity to comply. The driver’s criminal case later results in a reduced plea with limited court sanctions. The second driver also refuses, but no hearing request is filed; even though the prosecutor dismisses the criminal case, the SOS suspension still begins, costing that driver a year of lawful driving. The lesson: the administrative and criminal tracks must both be addressed.
When to Involve a Lawyer
If your case includes a refusal or high‑BAC allegation, early legal help is critical. A local defense lawyer will know how your district court handles OWI cases, whether the prosecutor negotiates reductions, and how the SOS hearing officers in your region evaluate refusal disputes. Your counsel’s first moves—filing the hearing request, securing video, and checking calibration and training records—often shape the outcome months later.
Frequently Asked Questions
Is the administrative hearing the same as my court date?
No. The SOS hearing is separate from your court case and follows its own deadlines and rules.
What happens if I miss the 14‑day request window?
The administrative suspension typically begins automatically, and late requests are rarely granted. Talk to a lawyer immediately to explore remaining options.
If I win the administrative hearing, do I still face a criminal case?
Yes. The prosecutor can continue the criminal case even if you keep your license after an implied consent hearing.
Can I get a restricted license?
Possibly. Depending on your history and program availability, some drivers can pursue restricted driving with ignition interlock after certain hard‑suspension periods or through sobriety court participation.
Do high‑BAC cases change license rules?
Yes. High‑BAC convictions often include longer suspensions and interlock conditions as part of court‑ordered sanctions.
How fast do I need to act?
Right away—implied consent deadlines arrive within days of arrest.
Can the officer’s absence win my case?
It depends on the forum and facts; talk to counsel about subpoenas, continuances, and evidentiary issues.
Will a dismissal in court end my license suspension?
Not automatically. The SOS action is separate and must be addressed on its own terms.
Call for a Free Consultation
If you are facing an implied consent notice or a criminal OWI charge, we can help you defend both tracks and pursue the quickest lawful path back to driving. Call 269‑808‑8007 or send a message through our website to get started today.
Resources
- Michigan Secretary of State – Driver Services
- Michigan Legislature – Compiled Laws
- Michigan Courts
- Michigan State Police