If you have a commercial driver’s license (CDL) a Michigan drunk driving conviction will have tough consequences regarding your CDL driving privileges. How can you tell what will be the consequences? The answer of that question will depend on what your prior criminal record is. To be more exact, prior OWI/DUI/Drunk Driving convictions. The exact nature of your current conviction will also have to be determined.
Sanctions for a Non-Commercial Driver’s License
If your current conviction is a first offense drunk driving, or if you have a prior drunk driving conviction that is more than ten years old, you are facing having your driver’s license being suspended for 30 days. After the 30 day suspension, you will have a restricted license for 150 days. You will get six points on your driving record.
If this is at least your second drunk driving conviction, and this means anywhere in the United States, your license will be revoked for at least one year. Your license will remain revoked until you have a hearing and you are allowed to driving again. If this is your third offense drunk driving, you will be allowed to have a hearing sometime between one and five years.
Sanctions for a Commercial Driver License
If your current conviction is a first offense drunk driving, or if you have a prior drunk driving conviction that is more than ten years old, your CDL license will be suspended for at least one year. Unfortunately, this suspension applies even if you are not driving a vehicle that is commercial at the time of your drunk driving charge.
Things get even tougher for you if this is your second drunk driving arrest within seven years. Under these circumstances, your CDL will be suspended for at least ten years! Just like with the first CDL conviction, it doesn’t matter if you were driving a commercial vehicle. If you have convictions in other states, this will also probably cause you to face second offense CDL punishments. If your license is revoked, you will not be able to do any commercial driving. You will have no choice but to have a restoration hearing that grants you getting your CDL license back. The chance of you willing at this hearing is tough, and you will need a very skilled lawyer by your side to get your CDL back at that hearing.
For a first offense drunk driving, you may petition to get your CDL back after one year. If you have a second offense, you will have to wait for ten years before you can petition the court.
Suspension and Revocation Differences
When you are facing a suspension, your license will be given back to you automatically when the suspension period is over. The only thing you will need to do is pay a fee at the Secretary of State to get your license back. You will also not have to appear at a driver license restoration hearing. If your license has been revoked, you have no right at all to drive. You will not be allowed to drive for any purpose at all. The only way to get your driving privileges back is to have a hearing where paperwork is filed. You will appear at the hearing and there will be testimony. If you lose at your hearing, you have to wait another year before you can get another hearing.
If you have any questions regarding your CDL and what happens to my cdl with a drunk driving conviction in Michigan, give Shawn a call today at 616-438-6719. The call is free, will you be?