The Criminal Defense Law Center of
West Michigan

What Happens To My Driver’s License When I Am Charged With DUI In Michigan?

One of the most common questions I get asked, as a drunk driving lawyer in Grand Rapids Michigan, by a person facing a DUI in Michigan “What Happens To My Driver’s License When I Am Charged With DUI In Michigan?”

Many people are shocked to know the answer is simple and straight forward. Getting your license backs depends on what the outcome of the DUI charge is. 

The best goal is to always beat a DUI charge. However, the vast majority of drunk driving cases are not thrown out at court. I will get the case thrown out if I find a way to do so. If this happens nothing happens to your license. If your case is not, you will need to be prepared for changes that will be heading your way.  First, when you are charged with a drunk driving offense in Michigan, the charge you end up being convicted up may not be the charge that winds up on your record. For example, if you have a first offense DUI a skillful criminal defense lawyer can usually get you a lesser charge as part of a plea deal. 

Understanding the language of Michigan drunk driving laws is very important. In Michigan, there is no charge that is  called “DUI.”  

There is no official DUI charge in Michigan drunk driving law. DUI is short of “driving under the influence.” The technical legal term is “operating while intoxicated or OWI.”  When you get a ticket from the arresting officer, the paper may read “OWI” or OWI/UBAL. These are the same charge. In  Michigan a DUI is really an OWI. 

Difference Between Suspension and Revocation of a Driver's License

If you are convicted of OWI in any Michigan court, there are only two kinds of sanctions that can be taken against your license.  You maybe given a driver’s license suspension or a revocation. When your license is suspended, you will not be able to legally drive for a specific amount of time. After the suspension is complete, you will the be allowed to drive legally.  Restrictions are sometimes given during a period of suspension. Restrictions that are commonly given as part of a suspension include only being allowed to drive to school or work. Suspensions will only be given for a first offense DUI convictions. There will not be suspensions if you are facing a second of third OWI offense. 

A revocation is were you license is taken away for good.  If you served in the military, it would be comparable to an expulsion. In order to get your driver’s license back, you have to reapply to get one. A revocation can only happen if you are convicted of 2nd or 3rd offense cases.  Once the revocation period is over, you can apply to get a license through the Administrative Hearing Section (AHS) in Michigan law. 

So what kind of sanctions are you facing with a first offense DUI in Michigan? It depends on what the charge is. 

If you are convicted of a High BAC or OWI enhanced charge, you license will be suspended for one year. No driving at all for at least 45 days. You can be given a restricted license for ten and a half months. 

For an OWI 1st Offense: Your license will be suspended for six months. You may not drive for 30 days afterwards and then have a restricted license for the last five months. 

If you get convicted for Impaired Driving you license will be restricted for 90 days. You will never completely lose your ability to drive. You will also have no interlock. 

What Happens to a CDL After an Alcohol Conviction

 Once you have been convicted for a drunk driving charge in Michigan, your CDL license will be suspended for one year. There is no appeal. It does not matter if you make a living driving. You will not be able to drive for one year. This the case even if you plea guilty to a first offense impaired driving charge. 

If you have any more questions regarding What Happens To My Driver’s License When I Am Charged With DUI In Michigan? Please call Shawn now at 616-438-6719. He will be happy to take your call and looks forward to talking to you!

Get A Free Case Strategy Session