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Michigan Legal Resource Library · Your driver's license

License revocation after a repeat OWI in Michigan

Key points

  • The Secretary of State must revoke the license and deny a new one after any combination of 2 drunk- or drugged-driving convictions within 7 years, or 3 within 10 years.[1][2]
  • One conviction for OWI causing death or serious impairment of a body function also requires revocation.[3]
  • The minimum is 1 year, or 5 years when the revocation comes within 7 years of an earlier revocation or denial; it turns on prior revocations, not simply on the number of convictions.[4]
  • When the minimum ends, the license does not come back on its own; the driver must rebut a habitual-offender presumption by clear and convincing evidence at a hearing.[5]
  • Driving while revoked is a crime, and a conviction adds a further revocation period equal to the original.[6][7]

In Michigan, a second drunk- or drugged-driving conviction within 7 years, or a third within 10 years, means the Secretary of State must revoke the driver's license and deny a new one. The revocation lasts at least 1 year, or at least 5 years if it comes within 7 years of an earlier revocation, and the license comes back only if the driver wins a hearing.[1][2][4][5]

A revocation is different from a suspension. A revocation under MCL 257.303 sets a minimum waiting period, after which the driver must prove to a hearing officer that they should be licensed again.[4][5]

Which convictions lead to revocation?

On receiving the conviction records, the Secretary of State must revoke and deny a license in each of these situations:[1][2][3]

  • 2 convictions within 7 years for any combination of section 625 offenses (except letting someone else drive under 625(2)), the commercial 0.04 offense in 625m, or former 625b. One under-21 zero-tolerance conviction combined with one of those offenses within 7 years also counts.[1]
  • 3 convictions within 10 years for any combination of those offenses, or 1 under-21 conviction plus 2 others, if any of the convictions came from an arrest on or after 1 January 1992.[2]
  • 1 conviction for OWI or OWVI causing death (625(4)) or serious impairment of a body function (625(5)), or for vehicle-related negligent homicide, manslaughter or murder.[3]

Operating while visibly impaired (OWVI) is a section 625 offense, so it counts toward these combinations even though a first OWVI brings only a 90-day suspension.[1][8] High-BAC convictions count the same way.[1] Convictions from other states that substantially correspond to Michigan law, from local ordinances, and since 31 October 2010 from federal law, all count.[1][9]

Multiple convictions from the same incident are treated as a single violation for revocation.[10] The Secretary of State applies the law in effect when the offense was committed.[11]

How long is the minimum revocation?

After a revocation, the Secretary of State may not issue a license until the later of these has passed:[4]

SituationMinimum before a license can issue
Revocation or denial with no earlier revocation or denial in the prior 7 yearsAt least 1 year after the revocation or denial[4]
A later revocation or denial within 7 years of an earlier oneAt least 5 years after the later revocation or denial[4]

A common misstatement is that the revocation is "1 year for a second offense and 5 years for a third." The statute does not count convictions for this purpose. The 5-year minimum applies when a revocation or denial comes within 7 years of an earlier revocation or denial.[4]

A person with no license who is convicted of a crime described in the suspension statute (section 319, or sections 324 or 904) is denied a license for as long as the sanction would have lasted had the person been licensed.[12]

Why the license does not come back automatically

For revocations based on repeat convictions (303(2)(a), (b), (c) or (g)), the convictions are prima facie evidence that the person is a habitual offender. To get a license, the person must rebut that presumption by clear and convincing evidence and meet the department's requirements.[5] That showing is made at a restoration hearing before a hearing officer in the Secretary of State's Office of Hearings and Administrative Oversight (OHAO).[13]

At that hearing the driver must prove, among other things, that any alcohol or substance problem is under control and likely to stay that way, and must prove a period of abstinence.[14][15] If the driver succeeds, the hearing officer may first issue a restricted license that requires an interlock for at least 1 year.[16][17] The process is covered in license restoration hearings and what a restoration hearing requires.

Before issuing a license to someone whose license was revoked, the Secretary of State may examine the person and require them to meet the general licensing qualifications.[18] A $125 reinstatement fee is due before the license is issued.[19]

Court orders and appeals

A section 303 revocation must be imposed even if a court order says otherwise, unless the order complies with MCL 257.323.[10] That statute lets a person aggrieved by a Secretary of State decision petition the circuit court within 63 days, or within 182 days for good cause.[20] The court's review is generally confined to the record, and it may set the decision aside only on listed grounds.[21] See appealing a license sanction to circuit court.

Driving during a revocation

Driving while a license is revoked or denied is a misdemeanor punishable by up to 93 days and/or $500 for a first violation, and up to 1 year and/or $1,000 after a prior conviction.[6] When the Secretary of State receives a conviction for driving while revoked, it must add a further revocation period equal to the original one.[7] The vehicle's plates are canceled on notice from an officer, with limited exceptions.[22]

For a third or later OWI, the person may not buy, lease or otherwise acquire a motor vehicle during the suspension, revocation or denial period; doing so is a misdemeanor.[23] Vehicle immobilization and forfeiture are separate court-ordered sanctions; see vehicle immobilization.

For the criminal case, see driving while license suspended or revoked.

The specialty court exception

A person whose license is suspended or revoked for 2 or more OWI or OWVI convictions may qualify for the specialty court interlock program. The Secretary of State must issue a restricted license after 45 days of suspension or revocation once the specialty-court judge certifies that the person was admitted to the program and has an approved interlock on every vehicle they own or drive.[24] If the person is removed from the program, the full original revocation comes back.[25] See the sobriety court restricted license.

How common are revocations?

The 2025 Michigan Drunk Driving Audit reports 23,385 Secretary of State sanctions for alcohol and drug driving offenses in 2025, of which 4,942 were revocations or denials.[26] The audit counts sanctions recorded on state driver records; it does not say how many of those drivers later had a license restored. For the criminal side of a repeat case, see second OWI within seven years and third-offense OWI.

Common questions

Is the Michigan revocation 1 year for a second OWI and 5 years for a third?

Not exactly. The statute sets a minimum of 1 year after the revocation, or 5 years when the revocation comes within 7 years of an earlier revocation or denial.[4] So the longer period depends on the timing of the revocations. A third conviction can carry the 1-year minimum if there was no earlier revocation or denial in the prior 7 years, while a driver revoked twice within 7 years faces at least 5.

Do I get my license back automatically when the revocation period ends?

No. After a revocation for repeat offenses, the convictions are prima facie evidence that the driver is a habitual offender, and the driver must rebut that presumption by clear and convincing evidence and meet the department's requirements.[5] That is decided at a hearing before a Secretary of State hearing officer, who may first order a restricted license; any restricted license issued after such a hearing requires an interlock for at least 1 year.[16][17]

Does an out-of-state DUI count toward a Michigan revocation?

Yes. Convictions under a law of another state that substantially corresponds to Michigan's, as well as local-ordinance convictions and, since 31 October 2010, federal convictions, count toward the 7-year and 10-year combinations.[1][9] Michigan also may not issue a license to someone whose license is suspended, revoked, denied or canceled in any state, although where that action comes from a state other than the one that issued the person's last license, the Secretary of State may issue a license 5 years after the most recent action.[27]

Can a judge's order stop a revocation?

The Secretary of State must revoke the license even if a court order says otherwise, unless the order complies with MCL 257.323, the statute for circuit-court review of Secretary of State decisions.[10] The circuit court's review on appeal is generally limited to the hearing record and to the grounds listed in that statute.[21]

Is there any way to drive during a revocation for repeat OWI?

The specialty court interlock program is one route set out in statute. The Secretary of State must issue a restricted license to a qualifying participant after 45 days of suspension or revocation, once the specialty-court judge certifies admission to the program and interlock installation on every vehicle the person owns or drives.[24] Admission to a drug treatment court, which can serve people dependent on alcohol, is not a right.[28]

Sources

  1. MCL 257.303(2)(c) — Michigan Legislature
  2. MCL 257.303(2)(g) — Michigan Legislature
  3. MCL 257.303(2)(d), (e) — Michigan Legislature
  4. MCL 257.303(4)(a) — Michigan Legislature
  5. MCL 257.303(4)(b), (c) — Michigan Legislature
  6. MCL 257.904(1), (3) — Michigan Legislature
  7. MCL 257.904(10), (11) — Michigan Legislature
  8. MCL 257.319(8)(b) — Michigan Legislature
  9. MCL 257.319(1); MCL 257.303(2); MCL 257.320a(1) — Michigan Legislature
  10. MCL 257.303(3), (6) — Michigan Legislature
  11. MCL 257.320e(5), (6) — Michigan Legislature
  12. MCL 257.303(1)(i) — Michigan Legislature
  13. MCL 257.322(1); Michigan Department of State, OHAO page — Michigan Department of State
  14. Mich Admin Code, R 257.313(1)(a) — Michigan Administrative Code
  15. Mich Admin Code, R 257.313(1)(b), (c) — Michigan Administrative Code
  16. MCL 257.322(6), (7), (9) — Michigan Legislature
  17. Mich Admin Code, R 257.313(1)(h) — Michigan Administrative Code
  18. MCL 257.320c — Michigan Legislature
  19. MCL 257.320e(1) — Michigan Legislature
  20. MCL 257.323(1) — Michigan Legislature
  21. MCL 257.323(4) — Michigan Legislature
  22. MCL 257.904(3)(a), (b) — Michigan Legislature
  23. MCL 257.233(6) — Michigan Legislature
  24. MCL 257.304(1), (2); MCL 600.1084(6) — Michigan Legislature
  25. MCL 600.1084(7), (8); MCL 257.304(9) — Michigan Legislature
  26. 2025 Michigan Annual Drunk Driving Audit, "2025 Sanctions Taken by the Secretary of State" (dated 30-Apr-2026), p. 468 — Michigan State Police
  27. MCL 257.303(1)(c) — Michigan Legislature
  28. MCL 600.1064(1); MCL 600.1060(g) — Michigan Legislature

This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. In an emergency, call 911. For confidential help with alcohol or drug use, the SAMHSA National Helpline is 1-800-662-4357.

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