You can usually drive in Michigan before your DUI court date. First-time offenders typically keep driving privileges until formal restrictions are imposed at arraignment or a later hearing. However, your license is confiscated at the time of arrest and replaced with a temporary permit that comes with specific rules and time limits.
At Michigan Defense Law, Oakland County DUI attorney Paul Tafelski helps clients understand their driving privileges after an OWI arrest. Our criminal defense lawyers represent drivers in Bloomfield, Oakland County, and throughout Michigan who face drunk driving charges and license restrictions.
This guide explains what temporary licenses allow, when your driving privileges can be restricted, how chemical test refusal affects your license, and what happens to your license at each stage of the OWI process. Call Michigan Defense Law at (248) 451-2200 to speak with Paul Tafelski about your case.
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What Happens to Your License When You’re Arrested for OWI?
The arresting officer confiscates your physical driver’s license during an OWI arrest in Michigan. If you refuse the chemical test or a chemical test shows an unlawful alcohol content, Michigan law requires the officer to destroy the physical license and issue a temporary driving permit instead. If your blood or urine test results are not immediately available, the officer may hold your license until the results come back. The officer will then destroy it if the results are unlawful, or return it if the results do not require confiscation.
The type of temporary permit you receive depends on whether you agreed to chemical testing. If you submitted to a breath, blood, or urine test to measure your blood alcohol content (BAC), the officer issues a DI-177 form (Breath, Blood, or Urine Report Michigan Temporary Driving Permit). This document functions as your driver’s license until you are convicted or the case is dismissed.
If you refuse chemical testing, you receive a DI-93 (Officer’s Report of Refusal to Submit to Chemical Test). The DI-93 includes a temporary driving permit that is valid until (1) the criminal charges are dismissed or you are acquitted, or (2) your license is suspended, restricted, or revoked due to a conviction. The 14-day deadline is for requesting an implied-consent hearing to challenge the refusal-based suspension.
The officer notifies the Secretary of State that a temporary permit was issued as part of the OWI arrest process. If the case involves a refusal (DI-93) and you don’t appeal within 14 days, the refusal suspension takes effect, and six points are added to your record.
Can You Drive to Work and School with a Temporary License?
A temporary license issued after an OWI arrest typically permits the same driving privileges as your original license. You can drive to work, school, medical appointments, and other destinations. The temporary permit is not restricted to essential purposes only unless the court imposes specific conditions at arraignment.
The key difference between a temporary license and your original license is duration, not scope. The DI-177 temporary permit remains valid until your case is resolved. This can be several weeks or months, depending on court schedules.
However, if you refused chemical testing and received a DI-93, you face a strict implied-consent timeline. You must request a hearing within 14 days, or your license will be automatically suspended, and six points will be added to your record. If you do not request a hearing within 14 days, the Secretary of State will impose a refusal suspension, which is generally 1 year for a first refusal and 2 years for a second refusal within 7 years.
Key Takeaway: The DI-177 and DI-93 both include a temporary driving permit while your case is pending. If you received a DI-93 refusal, you must request an implied-consent hearing within 14 days, or the Secretary of State will impose a refusal suspension (typically 1 year for a first refusal) and add six points.
What Driving Restrictions Can the Court Impose at Arraignment?
The judge can impose driving restrictions as part of your bond conditions at arraignment. These requirements remain in place until sentencing, but are not guaranteed. The court is unlikely to revoke or restrict your temporary license unless aggravating circumstances exist.
Common bond conditions related to driving include:
- Installation of a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle you drive
- Geographic restrictions limiting where you can drive
- Curfews that restrict when you can drive
- Payment of bail
These conditions can be incorporated into your probation requirements if you are convicted. The BAIID is a device that prevents your vehicle from starting if it detects alcohol on your breath. You must blow into the device before starting your car and at random intervals while driving.
Courts in Oakland County typically reserve strict bond conditions for repeat offenders, drivers with high BAC levels, or cases involving accidents or injuries. First-time offenders with no aggravating factors usually keep their temporary driving privileges without additional restrictions.
OWI Defense Attorney in Oakland County – Michigan Defense Law
Paul Tafelski, Esq.
Paul Tafelski is a Michigan criminal defense attorney with over 20 years of experience defending OWI cases. He earned his undergraduate degree from Michigan State University and his Juris Doctor from the Detroit College of Law at Michigan State University. He is admitted to practice law in all state and federal courts in Michigan. He is a member of the Michigan Bar Association, American Bar Association, Criminal Defense Lawyers of Michigan, Oakland County Bar Association, and the Advocates (Polish Bar Association).
Paul has a strong track record of defending clients, from arraignment through jury trial. He has been named one of the top criminal defense lawyers in Michigan by Super Lawyers from 2011 to 2013 and 2017-2021, and as a Leading Lawyer in 2017. His experience includes challenging chemical test results, filing motions to suppress evidence, and negotiating reduced charges with prosecutors throughout Oakland County and Michigan.
What Happens to Your License After Conviction?
If you plead guilty to OWI charges or are found guilty by the court, the Michigan Secretary of State mails a notice regarding the sanction on your driver’s license. This notice often arrives within a few weeks after conviction and reflects the result of the case. The document serves as your temporary license until the sanctions on your license expire.
Penalties vary based on your OWI history and the specific conviction (standard OWI vs. High BAC). The chart below shows the standard OWI license sanction.
| Offense | License Sanction | Hard Suspension | Restricted Driving |
| First OWI | 6-month suspension | First 30 days | Following 5 months |
| Second OWI (within 7 years) | 1-year revocation | Full year | Not available |
| Third OWI (within 10 years) | 5-year revocation | Full 5 years | Not available |
In most cases, Michigan does not provide a regular restricted license during an OWI revocation period, so a second offense usually means no driving for the revocation period. One limited exception may be participation in a sobriety court/specialty court interlock program, which can allow restricted driving under strict conditions (including ignition interlock installation), depending on the court and eligibility rules.
Reinstatement of your driver’s license requires payment of a $125 fee to the Secretary of State. However, if the penalties include revocation of your license, you cannot receive a temporary license during the revocation period.
Key Takeaway: First offenders face a six-month suspension with 30 days of no driving followed by five months of restricted driving. Second- and third-offenders face one-year and five-year revocations, with no restricted driving available except through sobriety court.
What Is the Difference Between a Restricted License and a Temporary License?
A temporary license is issued immediately after arrest and provides short-term driving privileges while the case is pending. Under MCL 257.625g, a temporary license is valid up to 90 days only if the case is not prosecuted. If the case is prosecuted, the temporary permit remains valid until the charges are dismissed/acquitted, or your license is suspended/restricted/revoked.
A restricted license may become available after the mandatory “no driving” period ends. Under MCL 257.319, a first-offense OWI typically involves a period of hard suspension, followed by restricted driving for the rest of the suspension. Restricted driving is usually limited to essential purposes like work, school, medical treatment, and court-ordered programs. It’s smart to carry documentation that supports where you’re allowed to drive (like a work schedule or class schedule), in case you’re stopped and need to explain your restricted driving purpose.
The key differences include:
- Eligibility: A temporary license is issued immediately after arrest. A restricted license becomes available only after the mandatory suspension period ends.
- Purpose: Temporary licenses are unrestricted in terms of purpose. Restricted licenses are tied to clearly defined activities.
- Duration: Temporary licenses are short-term until the case is resolved. Restricted licenses can remain in effect for months during the restricted driving period.
- Requirements: Restricted licenses often require compliance with additional conditions, such as installation of a BAIID in some cases.
Drivers with multiple OWI offenses are generally ineligible for restricted licenses during their revocation period. This emphasizes the stricter penalties for repeat violations.
How Does License Revocation Work for Repeat Offenders?
A second OWI offense within seven years results in a mandatory one-year license revocation. A third offense within ten years leads to a five-year revocation. During the revocation period, you cannot drive at all. No temporary or restricted license is available.
After the revocation period ends, you cannot simply pay a fee and get your license back. You must request a license restoration hearing with the Michigan Secretary of State. These hearings are challenging to navigate without legal assistance.
At a restoration hearing, you must prove:
- Your alcohol or substance abuse problem is under control and likely to remain under control
- You have completed all court-ordered treatment programs
- You have maintained sobriety for a significant period
- You have a valid reason for needing a driver’s license
The hearing officer reviews evidence, including substance abuse evaluations, letters of support, and your testimony. If the hearing officer denies your request, you must wait another year before requesting a new hearing.
Participation in a sobriety court program offers one limited exception. Some sobriety courts can authorize restricted driving privileges before the statutory revocation period ends. Eligibility depends on the local court and specific program requirements in Bloomfield, Oakland County, and surrounding jurisdictions.
What Are the Penalties for a First OWI Offense in Michigan?
A first OWI offense in Michigan carries penalties beyond license suspension. The court can impose:
- Jail time of up to 93 days
- Fines ranging from $100 to $500
- Up to 360 hours of community service
- Six-month license suspension, with the first 30 days as a hard suspension (no driving) and the following five months allowing restricted driving
- Possible immobilization of your vehicle (subject to the judge’s discretion)
- Possible installation of a BAIID as part of probation
For a standard OWI first offense (not High BAC), you typically cannot drive at all for the first 30 days, then you may qualify for a restricted license for the remaining part of the suspension. For a High BAC (≥ .17) first offense, Michigan generally imposes a 1-year suspension and does not allow a restricted license during the first 45 days; after that, restricted driving is tied to ignition interlock compliance. You must carry proof of your destination at all times during the restricted period.
Additional penalties can include enrollment in alcohol treatment programs, substance abuse screening, and completion of a victim impact panel. The exact penalties depend on factors such as your BAC level, whether you caused an accident, and whether any aggravating circumstances exist.
What Happens If You Drive on a Suspended or Revoked License?
Driving on a suspended or revoked license in Michigan is a separate criminal offense under MCL 257.904. The penalties depend on why your license was suspended or revoked and whether you have prior convictions for driving while suspended.
For driving while license suspended (DWLS) related to an OWI:
- Misdemeanor offense
- Up to 93 days in jail
- Fines up to $500
- Possible additional license suspension
For driving while license revoked (DWLR):
- Misdemeanor or felony, depending on circumstances
- Up to one year in jail for a misdemeanor
- Fines and additional revocation time
If you are caught driving during the hard suspension period (the first 30 days after conviction), prosecutors typically file DWLS charges. This adds new criminal charges to your existing OWI case and can result in jail time, even for first offenders.
Timeline: How Your License Status Changes During an OWI Case
Immediately After Arrest
The officer confiscates your license and issues a temporary permit. If you took a chemical test, you typically receive a DI-177. If you refuse, you receive a DI-93, which also includes a temporary driving permit while the criminal case is pending. A DI-93 also starts a 14-day deadline to request an implied-consent hearing to challenge the refusal suspension.
After Arraignment
The court may impose conditions affecting your driving. Possible conditions include BAIID installation, curfews, geographic restrictions, or bail payment. These requirements remain in effect until sentencing, but are uncommon for first offenders without aggravating factors.
After Dismissal or Not-Guilty Result
If the charges are dismissed or you’re acquitted, the temporary permit ends, and you generally return to normal driving privileges (assuming there are no other holds/suspensions). Because the physical license is often destroyed during the arrest process, you may need to get a replacement license card through the Secretary of State.
After Guilty Verdict or Plea
The Secretary of State mails a notice imposing license sanctions two weeks after conviction. This notice serves as your temporary license during the sanction period. Penalties depend on whether this is your first, second, or third offense.
Key Takeaway: Your license status changes at each stage of the case. Temporary permits allow driving until conviction, bond conditions may add restrictions, and conviction triggers formal license sanctions.
Get Help from an Oakland County DUI Defense Attorney
An OWI arrest in Michigan threatens your driving privileges, your freedom, and your future. License suspensions affect your ability to work, attend school, and meet family obligations. A conviction carries jail time, fines, and a permanent criminal record.
Paul Tafelski has defended DUI cases in Michigan for over 20 years. At Michigan Defense Law, our DUI defense attorneys challenge chemical test results, file motions to suppress evidence, and negotiate with prosecutors to reduce charges. We handle cases at the Oakland County Circuit Court, the 48th District Court in Bloomfield Hills, and courts throughout Michigan.
Call Michigan Defense Law at (248) 451-2200 for a free consultation. Our office in Bloomfield Hills serves clients throughout Oakland County and Michigan.
