Getting Your Drivers License Back
Losing your Michigan driver’s license because of a drunk driving charge can be like losing your freedom. Without being able to drive, you have to rely on family, friends and meager public transportation to get to work, school, community service and other appointments. If you have kids, it is tougher to keep your household running smoothly. After being convicted of an OWI or related offense, you’ll want to get your license back as soon as possible. The best way to do this is to understand how license reinstatement works in Michigan and to work with an experienced Lansing OWI lawyer like Tiffany DeBruin.
Call DeBruin Law, PLLC to learn about your driver’s license options at 517-731-0353.
License Suspensions After DUI
Michigan law states it is illegal to drive while intoxicated or impaired by illegal drugs, alcohol or prescription medications. The legal limit for alcohol is 0.08 percent BAC, as long as you are at least 21 years old. If you are under 21, you can be charged with drunk driving if you have a BAC at or above 0.02 percent. No matter your age, if you are convicted of or plead guilty to an OWI, you will likely have your license suspended as a criminal penalty for 30 days to one year. If you want to keep your Michigan driver’s license, it’s important to consult with a criminal defense attorney as soon as possible.
Under Michigan’s implied consent law, you are required to submit to a blood, urine or breath test to determine your BAC level or if you have any drugs in your system. If you refuse, you face an administrative suspension of your license for one year. If this is your second refusal within seven years, your license is suspended for two years. You also receive six points on your driving record. The administrative suspension is a separate issue from an OWI charge and you have to fight the license suspension in an administrative hearing.
If you are convicted of certain crimes or traffic offenses, you receive points that stay on your license for two years. If you acquire 12 points within two years, the Secretary of State (SOS) can require you to go through reexamination, including retaking your driver’s license exams.
If you are convicted of a drug offense, even if you’re not convicted of an OWI, you can lose your license. Drug convictions automatically lead to license suspensions for at least six months.
Restricted Driving Privileges
Michigan recognizes that losing your driver’s license may be a much harsher punishment than is necessary for your crime, particularly when losing this privilege affects going to school and providing for your family. There are many situations in which the court allows you to drive under particular circumstances. Many restricted driver’s licenses allow you to drive to specific destinations such as your school, your children’s school and work.
You may be eligible for a restricted driver’s license immediately or within a certain period of time after your conviction or license suspension. If you lose your license under an administrative suspension, your attorney will need to file a hardship appeal with the state. If you’re losing your license as part of a criminal punishment, your attorney can seek the right for a restricted licensing during sentencing.
However, if you have previous convictions within the last seven years, you may not be eligible for a hardship license.
Once you have completed your license suspension and any other requirements such as drug or alcohol education and treatment, you can apply to have your driver’s license reinstated. In addition to filling out the form, you will need to pay the reinstatement and other filing fees as well as provide additional documents to demonstrate you completed everything you needed to. You can do this in person or through the mail.
Speak with your Michigan OWI attorney to know when you can apply for license reinstatement. When you need your license, you don’t want to wait a day longer than necessary to reapply and everything needs to be done correctly the first time.
Reapplying For A License
If your license was revoked and not merely suspended, you will need to reapply for a Michigan driver’s license. You can reapply one year after the revocation but there’s no guarantee you will get your license back.
You have to attend a hearing in order to show that you are a safe driver and not a danger to the public. You will usually need to complete a substance abuse evaluation and then follow through with any recommendation for education or treatment. If your license is denied during this hearing, you can appeal to the circuit court or wait another year to apply for a new reinstatement hearing.
Call A Lansing Drivers License Attorney From DeBruin Law, PLLC For Help Today
If you are facing the loss of your driving privileges and you aren’t sure how to move forward, call DeBruin Law, PLLC at 517-731-0353. Attorney Tiffany DeBruin has years of experience as a Lansing OWI defense lawyer and criminal defense attorney in Michigan. She can determine why you lost your license and explain your legal options for reinstatement or restricted driving privileges.