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Michigan Legal Resource Library · Your driver's license

The restricted driver's license after an OWI in Michigan

Key points

  • A restricted license after an OWI-type suspension is issued by the Secretary of State, and only where the suspension statute authorizes one; for a first OWI it cannot start during the first 30 days of the 180-day suspension.[1][2]
  • The standard restricted license permits driving under one or more listed circumstances: for work, or to and from a fixed list of places such as home, work, school, court-ordered treatment, probation and regular medical treatment for a serious condition.[3]
  • A restricted driver must carry proof of the destination and the hours of work, class or other reason for the trip and show it to an officer on request.[4]
  • Violating a restriction is a misdemeanor, and the Secretary of State may suspend or revoke the license on satisfactory evidence of a violation.[5]
  • No restricted license issued after a drunk- or drugged-driving suspension may allow driving a commercial motor vehicle.[6]

A restricted license lets a person whose license is suspended after an OWI drive only for listed purposes, such as work, school and court-ordered treatment, while the rest of the suspension runs. For a suspension under the OWI suspension statute, the Secretary of State, not the judge, imposes the suspension and decides on the restricted license, which it can issue only when the suspension statute for that offense authorizes one and the person is otherwise eligible for a license.[7][2]

This guide covers the standard restricted license that follows an OWI-type suspension, the papers a driver has to carry, and what a violation costs. It also explains how it differs from the other "restricted" licenses in Michigan OWI law: the high-BAC interlock license, the specialty (sobriety) court license, the court-ordered license after a refusal, and the interlock license that follows a restoration hearing.

When is a restricted license available after an OWI?

Whether a restricted license is possible, and when it can start, depends on the conviction. The table below lists the first-offense rules in section 319.[1][8][9][10][11][12]

Conviction (no prior within 7 years)SuspensionRestricted license
OWI (under the influence or 0.08 or more) or any amount of a Schedule 1 drug or cocaine180 daysPossible for a specified portion, but never in the first 30 days[1]
High BAC (0.17 or more)1 yearPossible, but not in the first 45 days, and interlock-only[8][13]
Operating while visibly impaired (OWVI)90 days (180 days if caused by drugs)Possible for all or part of the suspension[9]
Under 21 with any bodily alcohol content30 daysPossible for all or part of the suspension[10]
Second under-21 offense within 7 years90 daysThe subdivision does not authorize one[14]
OWI or OWVI with a passenger under 16180 daysOnly after the first 90 days[11]
Commercial vehicle at 0.04 to under 0.0890 days on the regular licensePossible for all or part, but never for commercial driving[12][6]

The word "may" matters. The statute says the Secretary of State "may issue" a restricted license in these cases; it does not say every driver gets one. A restricted license also cannot be issued if the person is not otherwise eligible for a license.[1][2] For the full suspension rules by offense, see license suspension after a first OWI.

A common misstatement is that a first OWI means "30 days hard, then 150 days restricted" by law. The statute says 180 days, with a restricted license for "a specified portion" and never in the first 30 days; the 150 is arithmetic.[1] An official Michigan State Police safety page, fetched 25 October 2026, also calls the suspension "up to 180 days" and still mentions driver responsibility fees.[15] The suspension statute states 180 days, and no new driver responsibility fees have been assessed since 1 October 2018.[1][16]

Which trips does a restricted license allow?

A section 319 restricted license must allow the person to take any driving test the Secretary of State requires and to drive under one or more of the listed circumstances.[3] Those circumstances are driving in the course of the person's employment or occupation, and driving to and from any combination of these places:[3]

  • the person's home and work location;[3]
  • an alcohol or drug education or treatment program ordered by the court;[3]
  • the court probation department and a court-ordered community service program;[3]
  • a school or other educational institution where the person is enrolled as a student;[3]
  • a place of regularly occurring medical treatment for a serious condition, for the person or a member of their household or immediate family;[3]
  • an ignition interlock service provider, where an interlock is required.[3]

Trips that are not on the list, such as errands, social visits or taking a child to day care, are not covered by the standard license. The specialty-court restricted license is different: it adds self-help meetings such as AA or NA, court hearings, court-ordered testing and, at the judge's discretion, trips to a minor child's day care or school.[17] See the sobriety court restricted license.

What papers must a restricted driver carry?

While driving on a restricted license, the person must carry proof of the destination and of the hours of any employment, class or other reason for traveling, and must show that proof to a peace officer on request.[4] The specialty-court license has the same rule.[18]

The statute does not name particular documents. Papers that can show a destination and hours include a current work schedule, a class schedule, a letter from an employer, or a treatment or probation appointment card; keeping them current and matched to the trip being made avoids confusion at a stop.

Restricted licenses and commercial vehicles

The Secretary of State may not issue a restricted license under the OWI suspension provisions that would let the person drive a commercial motor vehicle.[6] A separate section bars any restricted license to drive a commercial vehicle that requires a group designation.[19] CDL privileges are also handled under their own disqualification rules; see CDL disqualification after an OWI.

The other kinds of restricted license

Michigan OWI law has several restricted licenses. Who issues each one, and its conditions, differ.

LicenseWho decidesMain conditions
High-BAC restricted licenseSecretary of StateNot in the first 45 days; interlock required; not issued until installation is proved[8][13]
Specialty (sobriety) court restricted licenseSecretary of State, after the specialty-court judge certifies admission and interlock installationFor drivers with 2 or more qualifying convictions; not before 45 days of suspension or revocation; interlock on every vehicle owned or driven[20]
Court-ordered license after a refusal (none allowed if another refusal suspension in the prior 7 years)Circuit courtSworn showing of no public transportation and no one able to drive; order lists the work location, routes and travel times[21][22]
Restricted license after a restoration hearingSecretary of State hearing officerInterlock on each vehicle owned or intended to be driven, for at least 1 year[23]
Restricted license ordered on circuit-court review of a revocationCircuit courtInterlock on each vehicle operated for at least 1 year before returning to the Secretary of State[24]

For the refusal license and its limits, see appealing a license sanction to circuit court. For the interlock license that follows a revocation, see after restoration: the interlock-restricted license.

What happens after a restriction is violated?

A person who violates a restriction on their restricted license is guilty of a misdemeanor.[5] Section 312 does not set its own penalty; the Vehicle Code's default misdemeanor penalty is a fine of up to $100, up to 90 days in jail, or both, unless another law provides a different penalty.[25] Separately, the Secretary of State may suspend or revoke the license once it receives satisfactory evidence of a violation.[5]

The interlock licenses carry their own consequences. On a high-BAC license, violating the conditions, or operating or trying to operate the vehicle with a blood alcohol level of 0.025 grams per 210 liters of breath, brings an added suspension and restriction period of the same length, with exceptions for some start-up and retest failures.[26] On a restoration license, a "major" interlock violation brings back the original revocation.[27] The details are in ignition interlock devices.

If the Secretary of State receives a conviction for driving while the license is suspended or revoked, it must add a further period equal to the original suspension or revocation (30 days where the suspension was indefinite or the license had been denied).[28] See driving while license suspended or revoked.

Can a court order stop the suspension instead?

The mandatory suspensions in section 319 apply even when a court order says otherwise, unless that order complies with MCL 257.323, the circuit-court review statute. They also cannot be appealed to the Secretary of State.[29] In other words, a court order that does not follow section 323 does not stop the suspension. For how the license sanctions fit together across offenses, see what an OWI does to your driver's license.

Common questions

Can I drive to the grocery store or church on a Michigan restricted license?

Not under the standard section 319 restricted license. The statute lists work, home, the work location, court-ordered alcohol or drug programs, probation, community service, school, regular medical treatment for a serious condition, and an interlock service provider. Shopping and worship are not on that list.[3] The specialty-court license has a longer list, including self-help meetings and, at the judge's discretion, a child's day care or school.[17]

Is the first-offense restricted license "30 days hard, then 150 days restricted"?

The statute says the suspension is 180 days and that the Secretary of State may issue a restricted license for a specified portion of it, but not during the first 30 days.[1] The figure of 150 days is arithmetic, not words found in the statute. The Traffic Benchbook describes a possible restricted license after 30 days under certain circumstances.[30]

What proof do I have to carry while driving on a restricted license?

Proof of your destination and of the hours of the job, class or other reason you are traveling, which you must show a peace officer who asks for it.[4] The specialty-court restricted license carries the same requirement.[18] A work schedule, class schedule or appointment card are common examples of such proof, but the statute does not name specific documents.

Can I get a restricted license after refusing a breath or blood test?

Section 625f itself gives the Secretary of State no authority to issue one. The route in the statutes is circuit-court review, where the court may order a restricted license only if the person states under oath, and the court finds, that they cannot use public transportation and have no one to drive them.[31][21] No such license is allowed if the person had another refusal suspension within the previous 7 years.[22]

What happens if I am caught driving outside my restrictions?

Violating a restriction is a misdemeanor, and the Secretary of State may suspend or revoke the license once it receives satisfactory evidence of the violation.[5] Section 312 states no penalty of its own; the Vehicle Code's default misdemeanor penalty is up to 90 days in jail, a fine of up to $100, or both, unless another law provides otherwise.[25]

Sources

  1. MCL 257.319(8)(a) — Michigan Legislature
  2. MCL 257.319(14) — Michigan Legislature
  3. MCL 257.319(16) — Michigan Legislature
  4. MCL 257.319(17) — Michigan Legislature
  5. MCL 257.312(3), (4) — Michigan Legislature
  6. MCL 257.319(15); MCL 257.320(7) — Michigan Legislature
  7. MCL 257.319(1) — Michigan Legislature
  8. MCL 257.319(8)(g); MCL 257.625(1)(c) — Michigan Legislature
  9. MCL 257.319(8)(b) — Michigan Legislature
  10. MCL 257.319(8)(c); MCL 257.625(6) — Michigan Legislature
  11. MCL 257.319(8)(e) — Michigan Legislature
  12. MCL 257.319(8)(f); MCL 257.625m(1) — Michigan Legislature
  13. MCL 257.319(8)(h); Mich Admin Code, R 257.313a(2) — Michigan Legislature
  14. MCL 257.319(8)(d) — Michigan Legislature
  15. Michigan State Police, Office of Highway Safety Planning, "Impaired Driving Law" web page (fetched 25 Oct 2026) — Michigan State Police
  16. 2018 PA 43–50 (amending MCL 257.732a); Governor's press release, 1 Mar 2018; Senate Fiscal Agency, *State Notes* Fall 2018 — State of Michigan
  17. MCL 257.304(4) — Michigan Legislature
  18. MCL 257.304(5) — Michigan Legislature
  19. MCL 257.319(15); MCL 257.320(7); MCL 257.323c(4); MCL 257.322(7); MCL 257.304(4)(a) — Michigan Legislature
  20. MCL 257.304(1), (2); MCL 600.1084(6) — Michigan Legislature
  21. MCL 257.323c(1) — Michigan Legislature
  22. MCL 257.323c(1)–(4) — Michigan Legislature
  23. MCL 257.322(6), (7), (9) — Michigan Legislature
  24. MCL 257.323(5), (8) — Michigan Legislature
  25. MCL 257.901(2) — Michigan Legislature
  26. MCL 257.319(8)(i) — Michigan Legislature
  27. Mich Admin Code, R 257.313a(11), (12) — Michigan Administrative Code
  28. MCL 257.904(10), (11) — Michigan Legislature
  29. MCL 257.319(11), (21) — Michigan Legislature
  30. MJI Traffic Benchbook § 9.4 (citing MCL 257.319(8)(a), (g)) — Michigan Courts
  31. MCL 257.625f; MCL 257.323c(1)–(2) — 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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