A simple traffic stop can have serious legal consequences in Michigan. So, is a traffic violation a misdemeanor in Michigan?
Some traffic violations in Michigan are misdemeanors, particularly when they endanger others—like reckless driving or driving without a license. These carry criminal penalties, including fines, jail time, and a permanent record.
With decades of criminal defense experience, I’ve helped Michigan drivers fight misdemeanor charges and protect their records. Below is a breakdown of which offenses count—and how to respond.
What Is a Traffic Misdemeanor in Michigan?
A traffic misdemeanor is a criminal offense under Michigan law that involves a violation of the vehicle code and carries penalties beyond a simple fine.
Unlike civil infractions, misdemeanors can result in:
- Jail time
- Fines
- Driver’s license points
- Permanent criminal record
Misdemeanors are more serious than tickets—but less serious than felonies.
How Do Michigan Traffic Offenses Compare by Severity?
Understanding the differences between civil infractions, misdemeanors, and felonies is key to knowing what legal consequences you may face. Each type of offense carries its own penalties, record implications, and legal procedures. Use the table below to see how they stack up:
Penalty Comparison Table: Civil Infraction vs Misdemeanor vs Felony
| Violation Type | Is It a Crime? | Possible Jail Time | Driver’s License Impact | Points on License | Record Type | Court Appearance Required? |
|---|---|---|---|---|---|---|
| Civil Infraction | No | No | Possible suspension with too many points | Yes | Driving record only | Usually not |
| Misdemeanor | Yes | Up to 1 year | License may be suspended or revoked | Yes | Criminal record | Yes (Arraignment required) |
| Felony | Yes | Over 1 year (prison possible) | Almost always revoked | Yes | Permanent criminal record | Yes |
Key Takeaway:
Civil infractions are non-criminal and often resolved with fines. Misdemeanors involve criminal charges and court, while felonies carry the most severe legal consequences, including long-term imprisonment and permanent records.
Which Traffic Violations Are Misdemeanors?
Here are examples of common misdemeanor traffic offenses in Michigan:
According to Michigan State Police data, over 30,000 drivers were arrested for license-related misdemeanors in 2023 alone. This underscores how frequently these charges are filed—and why they shouldn’t be taken lightly.
| Violation | Penalty |
|---|---|
| Driving without a license | Up to 93 days jail, $500 fine |
| Reckless driving | Up to 93 days jail, $500 fine, 6 points |
| Driving on a suspended license | Up to 93 days jail, $500 fine |
| Failure to stop at an accident (hit and run) | Up to 1 year jail, $1,000 fine |
| Operating while intoxicated (1st offense) | Up to 93 days jail, license suspension, 6 points |
If the offense causes injury or death, it may be elevated to a felony.
What’s the Difference Between a Misdemeanor and a Felony Traffic Offense?
While both are criminal offenses, felony traffic violations involve more severe harm or risk, and come with harsher consequences.
| Misdemeanor | Felony |
|---|---|
| Driving without a license | OWI causing injury or death |
| Reckless driving | Fleeing and eluding police |
| Driving with suspended license | Vehicular manslaughter |
| Jail: Up to 1 year | Prison: Over 1 year |
| May be eligible for expungement | Rarely expunged |
If your traffic violation caused serious injury, death, or involved high-speed fleeing, it will likely be charged as a felony.
Understanding these distinctions can help you respond appropriately and get legal help before charges escalate.
What Is the Difference Between a Misdemeanor and a Civil Infraction?
Most traffic tickets, like speeding or running a red light, are civil infractions, not crimes.
Key Differences:
| Type | Is it a crime? | Possible Jail? | Points? | Court Required? |
|---|---|---|---|---|
| Civil Infraction | No | No | Often yes | Usually not |
| Misdemeanor | Yes | Yes | Yes | Yes (arraignment) |
Civil infractions usually involve fines only. Misdemeanors involve court appearances and can affect your criminal record.
Is Reckless Driving a Felony or Misdemeanor in Michigan?
Reckless driving is typically charged as a misdemeanor in Michigan, punishable by jail time, fines, and license points. However, if the reckless behavior causes serious injury or death, the charge can be elevated to a felony, with much harsher penalties.
Important: Prosecutors may upgrade the charge based on the severity of harm, your driving history, or aggravating factors.
What Happens If You’re Charged With a Misdemeanor Traffic Offense?
Here’s what to expect:
- Arraignment – You’re formally charged and enter a plea (guilty, not guilty, or no contest).
- Pre-Trial – Your attorney may negotiate a plea deal or request dismissal.
- Trial – If no resolution is reached, the case goes to a bench or jury trial.
- Sentencing – If convicted, the judge will assign jail time, fines, and other penalties.
Having a defense attorney can help you reduce charges, avoid jail, and keep your record clean.
Can You Go to Jail for a Traffic Ticket in Michigan?
Yes, you can go to jail for a traffic ticket in Michigan if it is classified as a misdemeanor offense. Misdemeanor violations like driving without a license, OWI, or reckless driving can result in up to 93 days in jail—even on a first offense. Civil infractions, however, do not carry jail time.
Tip: Always check the exact charge on your citation—some tickets may appear minor but carry criminal consequences.
Can You Be Arrested for a Traffic Misdemeanor in Michigan?
Yes, in Michigan, you can be arrested on the spot for certain misdemeanor traffic violations, even if they seem minor.
Arrest is most likely when:
- You’re driving on a suspended license
- You’re suspected of OWI or reckless driving
- You refuse to provide identification during a stop
- You have warrants or prior violations
Police have discretion, and while some violations result in a citation with a court date, others lead directly to jail booking and arraignment.
Always remain calm and polite during a stop—arguing or resisting can escalate the situation and lead to additional charges.
Will a Misdemeanor Traffic Offense Stay on Your Record?
Yes. In Michigan, a traffic misdemeanor goes on your criminal record, not just your driving record.
- It may show up in background checks
- Insurance premiums can increase
- Employers may ask about convictions
Recent expungement law changes may allow certain misdemeanor traffic offenses to be removed from your record—but not all qualify.
How Long Does a Misdemeanor Stay on Your Record in Michigan?
A misdemeanor traffic offense can stay on your criminal record permanently in Michigan unless it is expunged. Under recent laws, some eligible misdemeanors may be set aside after a waiting period—typically three to seven years after sentencing or completion of probation.
Not all traffic misdemeanors are eligible for expungement, including those involving injury, death, or multiple offenses.
What Are the Long-Term Consequences of a Misdemeanor Traffic Conviction?
Beyond fines and points, you may also face:
- License suspension or revocation
- Increased car insurance rates
- Employment barriers, especially for driving jobs
- Immigration issues in some cases
Even a single conviction can have ripple effects for years.
Can Misdemeanor Traffic Charges Be Reduced or Dismissed?
Yes. With the help of a defense attorney, many misdemeanor traffic charges can be:
- Reduced to civil infractions
- Dismissed through negotiation or court motions
- Resolved through diversion programs
This often depends on:
- The seriousness of the offense
- Your driving record
- Your cooperation and legal representation
Working with a knowledgeable attorney can often keep the offense off your record entirely.
Can a Misdemeanor Traffic Offense Affect Your Job?
Yes, a misdemeanor traffic conviction can affect your employment, especially if your job involves driving, security clearance, or a professional license. Employers may see it on background checks, and insurance providers may raise premiums for company vehicles.
For CDL holders or rideshare drivers, even one misdemeanor can jeopardize your career.
How Does Michigan Handle Repeat Misdemeanor Traffic Offenses?
If you’re convicted of multiple misdemeanors, Michigan may:
- Enhance penalties
- Suspend or revoke your license
- Charge you as a habitual offender
For example:
- Two OWI convictions = license suspension
- Three reckless driving charges = harsher jail time and possible felony upgrade
Repeat offenses signal to the court that you pose a continued risk, which can lead to escalated penalties.
Speak With a Michigan Traffic Defense Lawyer Today
If you’re charged with a misdemeanor traffic offense in Michigan, don’t assume it’s “just a ticket.” It could impact your freedom, your finances, and your future.
At DG Moore Law Office, we provide aggressive, strategic defense to minimize or eliminate traffic-related criminal charges. Our team is here to protect your rights, license, and reputation.
Why Trust DG Moore Law Office?
With decades of courtroom experience and a focus on Michigan misdemeanor defense, our firm has successfully defended hundreds of drivers facing criminal traffic charges. We offer aggressive representation tailored to protect your license, job, and record.
Call us now at 269-808-8007 or request a free consultation today to discuss your options.
Further Reading:
- What Are the Differences Between a Misdemeanor and a Felony in Michigan?
- What Is the Difference Between DWLS and DWLR in Michigan?
- How Much Does a Criminal Defense Lawyer Cost in Michigan?
- Signs Your Case Will Be Dismissed in Michigan Criminal Proceedings
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