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Additional Info on Michigan License Restrictions, Suspensions and Revocations

A restricted driver’s license means limited driving privileges such as driving to and from work.

A suspension is a temporary loss of a driver’s license for a defined period of time.

A revocation is a permanent loss of driving privileges (drivers may request a hearing after the revocation period ends).

The Secretary of State can restrict, suspend or revoke your Michigan driver’s license for a variety of reasons. Two very common causes are:

  • Multiple drunk driving offenses (also known as Habitual Offender).
  • Refusal to take a chemical test after an arrest for drunk driving (also known as Implied Consent).

Other common reasons for driver’s license restrictions, suspensions and revocations are:

  1. Too many points
  2. Probationary driver violations
  3. Restricted license violations
  4. Mental/physical disability
  5. Out-of-state convictions
  6. Driving with a suspended/revoked license
  7. Too many auto accidents

Appeal and Hearing

Drivers whose licenses have been restricted, suspended or revoked are entitled to an administrative hearing. This gives you the opportunity to regain your driving privileges. Strict time limits apply for requesting a hearing.

Hardship Appeal If You Have a Suspension

Hardship appeals are available for those with suspensions. Revocations are not appealable on hardship grounds. With a hardship appeal, one is seeking a restricted license. For many, a priority is being able to drive to and from work. Winning this appeal would allow you to drive to and from work.

If your Michigan driver’s license is suspended for one of the following reasons, then you may have a basis for an appeal of your suspended driver’s license to the Circuit Court:

  1. Implied Consent Violation for refusing to take a chemical test
  2. Too many points
  3. Too many accidents
  4. Restricted license violations
  5. Mental/physical disability
  6. Driving with a suspended or revoked license
  7. Probationary driver violations

Strict time limits apply for filing your appeal. A judge will ultimately decide whether to grant your request for a restricted license.

Implied Consent Appeal

A breath test refusal will result in a driver’s license suspension. To challenge this, you must request an administrative hearing within 14 days of your arrest. Failure to do so will result in a one-year suspension for a first refusal or a two-year suspension for a second refusal. Six points will be added to your record.

Issues at the hearing are:

  • Were there reasonable grounds for the arrest?
  • Was the defendant placed under arrest for the appropriate crime?
  • Was the refusal to take the test reasonable?
  • And finally, was the defendant advised of the chemical test rights?

If you have a suspended driver’s license for refusing one chemical test, you may appeal the suspension to the Circuit Court and seek a restricted license so that you may, for example, drive to and from work.

Request a Free Michigan License Reinstatement Consultation

If you would like to discuss how I can help you with your Michigan driver’s license reinstatement case, call me for a free phone consultation at 248-374-0722 or complete our online request form.

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Attorney + Mark Langschied