Michigan law imposes strict penalties on drivers who commit serious traffic offenses, including mandatory license suspensions under MCL 257.319. This law requires the Michigan Secretary of State to suspend a driver’s license automatically upon conviction of certain offenses, such as fraud, reckless driving, leaving the scene of an accident, and alcohol- or drug-related violations. The length of a suspension varies based on the severity of the offense and prior violations, with some suspensions lasting 30 days, 90 days, or even a full year. Drivers facing a suspension must follow specific legal steps to regain their driving privileges.
For those dealing with a mandatory license suspension in Michigan, working with an experienced license restoration lawyer can help understand and manage the reinstatement process. Attorney Paul J. Tafelski and our Oakland County license restoration lawyers at Michigan Defense Law, provide legal guidance for individuals seeking to challenge suspensions, request restricted licenses, or restore full driving privileges. If you are dealing with a suspension or have been charged with driving on a suspended license, taking proactive legal action can help you regain your driving rights and protect your future.
Contact (248) 451-2200 today to speak with an experienced Oakland County criminal defense lawyer and get the help needed to move forward.
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I was arrested for drunk driving and possession of a controlled substance (Vicodin). Paul worked hard on the case and kept the felony off my record and got the drunk driving case reduced so that I kept my driver’s license and my job. He really cared about helping me.
MCL 257.319 establishes the rules for suspending driver’s licenses in Michigan based on criminal convictions and traffic violations. The law requires the Secretary of State to suspend a driver’s license upon receiving a record of conviction for specific offenses. The length of suspension varies depending on the severity of the offense and prior violations, with some drivers being eligible for restricted licenses under certain conditions.
Certain criminal offenses result in automatic license suspensions. The Secretary of State must suspend a driver’s license for one year if the conviction involves fraudulent alteration of motor vehicle documents, specific felonies where a motor vehicle was used, or serious violations under the Michigan Penal Code.
For less severe but still serious offenses, the law imposes shorter suspensions. A 90-day suspension applies to drivers convicted of failing to stop at the scene of an accident involving injury or causing malicious destruction of property while operating a vehicle. A 30-day suspension is issued for minor instances of malicious destruction related to vehicle operation.
Drivers convicted of perjury or making false certifications to the Secretary of State about vehicle registration or operation face a 90-day suspension for a first offense and a one-year suspension if they have a prior conviction within seven years.
Operating a vehicle under the influence of alcohol or drugs leads to automatic suspension. First-time offenders convicted of driving under the influence (DUI) face a 180-day suspension. A restricted license may be available after 30 days, but not for commercial drivers. If the driver has prior convictions, the suspension increases to one year, with the possibility of a restricted license after 60 days.
In some cases, repeat offenders must install an ignition interlock device. This device prevents a vehicle from starting if alcohol is detected in the driver’s breath. If the driver violates interlock conditions, such as exceeding the permitted alcohol level, an additional suspension period applies.
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Michigan law under MCL 257.319 mandates automatic license suspensions for specific offenses. These offenses are considered serious threats to public safety, and the Secretary of State enforces license suspensions immediately upon receiving a record of conviction. The law applies to offenses committed under Michigan statutes, local ordinances that align with state laws, and equivalent laws in other states or at the federal level.
Altering, forging, or misrepresenting vehicle-related documents is a violation that leads to a mandatory suspension. Fraudulent activities such as tampering with vehicle registration, creating fake titles, or misrepresenting odometer readings can be used to facilitate auto theft, insurance fraud, or unlawful sales. These actions not only disrupt legal vehicle transactions but also pose financial risks to unsuspecting buyers and the insurance industry. The law imposes strict penalties to prevent fraudulent vehicle transactions and maintain the integrity of state motor vehicle records.
A driver’s license is subject to suspension if a vehicle is used to commit a felony. The law defines this broadly, considering any situation where a vehicle played a significant role in the crime. This includes cases where a vehicle was used as an instrument to commit the offense, as a means to transport a victim, as a tool to flee the scene, or as a necessary component of the crime itself. Common felonies that involve a motor vehicle include armed robbery, vehicular manslaughter, human trafficking, and transporting illegal drugs. In such cases, the law treats the use of a vehicle as an aggravating factor, justifying the automatic suspension of driving privileges.
Leaving the scene of an accident without identifying oneself or providing aid to an injured party is a serious offense that results in a license suspension. Michigan law requires drivers involved in accidents that cause injury or death to stop immediately and provide their contact and insurance details. Failing to stop can escalate legal consequences, especially if the driver was at fault or attempted to evade responsibility. This offense is commonly referred to as a hit-and-run, and drivers who flee accident scenes often face additional criminal charges. The law imposes strict penalties to ensure accountability and encourage drivers to fulfill their legal and ethical obligations following an accident.
Drivers who intentionally damage property while operating a motor vehicle face license suspensions under Michigan law. Malicious destruction of property includes using a vehicle to vandalize public or private property, destroy road signs or barriers, or intentionally damage another vehicle. This offense can be linked to road rage incidents, reckless driving, or attempts to evade law enforcement. The degree of damage determines the legal classification of the offense, but any form of deliberate property destruction while driving can result in a suspension.
Providing false information to the Secretary of State about vehicle registration, insurance, or ownership is considered a serious offense that leads to license suspension. Perjury in motor vehicle matters includes lying under oath about a vehicle’s ownership history, forging official documents, or making false statements about a vehicle’s legal status. Fraudulent certifications can also involve misrepresenting a driver’s eligibility for a license or insurance coverage. Repeat offenses result in longer suspensions, reinforcing the importance of honesty and accuracy in official motor vehicle transactions.
Driving under the influence of alcohol or drugs is a leading cause of license suspensions in Michigan. The law enforces strict penalties for driving with a blood alcohol concentration (BAC) above the legal limit, operating a vehicle while visibly impaired, or refusing a chemical test during a traffic stop. In addition to alcohol-related offenses, Michigan also suspends licenses for drivers found operating vehicles under the influence of controlled substances, including prescription medications that impair driving ability. The law applies harsher penalties for repeat offenders and may require the installation of an ignition interlock device for those seeking restricted driving privileges.
A license suspension under MCL 257.319 is a temporary restriction on driving privileges for a set period. Once the suspension ends, the driver can reinstate their license by paying a reinstatement fee and meeting any additional requirements set by the Secretary of State. Suspensions vary in length depending on the offense, ranging from 30 days to one year. In some cases, drivers may be eligible for a restricted license, allowing them to drive under specific conditions such as work, medical appointments, or court-ordered programs. However, driving with a suspended license can lead to further penalties, including an extended suspension or revocation.
A license revocation, on the other hand, is a more severe consequence that results in the complete termination of driving privileges. Unlike a suspension, a revocation does not automatically end after a set period. Instead, the driver must go through a formal reinstatement process, which often includes a hearing before the Secretary of State and proof of rehabilitation. Revocations typically occur in cases of repeated DUI offenses or serious traffic-related crimes. Reinstating a revoked license is more difficult than lifting a suspension, and in some cases, the driver may be permanently barred from obtaining a new license.
I wanted to say thank you for representing me this week. I could not be happier with the outcome. I truly realize how significant the impact of my situation is going to be the rest of my life. People make mistakes but people do change. You were a great supporter, open, candid and very honest. I felt like you really cared about the outcome of my case. I will gladly pass your name along to anyone I know who is seeking legal assistance for a DUI.
A suspended license under MCL 257.319 carries significant legal, financial, and personal consequences. Drivers who lose their driving privileges must follow strict rules to regain their license and avoid further penalties.
One of the most serious consequences of a suspended license is the legal risk of driving illegally. In Michigan, driving on a suspended license is a misdemeanor offense. A first-time violation can result in additional fines, extended suspension periods, and even vehicle impoundment. Repeat offenses may carry more severe penalties, including higher fines, longer suspensions, and potential jail time. If an individual is involved in an accident while driving with a suspended license, they may face felony charges, which could lead to permanent revocation of driving privileges.
Losing the ability to drive can create serious challenges for individuals who rely on their vehicle for work, school, or personal responsibilities. Many jobs require a valid driver’s license, particularly for those in transportation, delivery, or construction industries. Even those with traditional office jobs may struggle with commuting, leading to missed work or lost job opportunities. Additionally, everyday activities such as grocery shopping, attending medical appointments, and transporting family members become significantly more difficult without access to a vehicle.
A suspended license can also result in financial burdens beyond legal fines. Individuals may need to pay for alternative transportation, such as rideshare services, taxis, or public transit, which can be costly over time. Additionally, a license suspension affects auto insurance rates. Insurance companies often classify drivers with suspended licenses as high-risk, leading to significantly increased premiums. In some cases, insurers may cancel coverage altogether, making it more challenging and expensive for individuals to obtain insurance once their suspension is lifted.
Regaining driving privileges after a suspension requires following specific steps set by the Michigan Secretary of State. Drivers typically need to pay a reinstatement fee and, in some cases, complete additional requirements such as traffic safety courses, alcohol education programs, or installing an ignition interlock device. Some individuals may qualify for a restricted license, which allows them to drive for specific purposes like work, school, or medical appointments. However, not all suspended drivers are eligible for this option, and violating the terms of a restricted license can lead to further penalties.
| Consequence | Details |
|---|---|
| Legal Penalties | Driving with a suspended license is a serious misdemeanor in Michigan. First offenses may result in fines, extended suspensions, and vehicle impoundment; repeat offenses can lead to higher fines, longer suspensions, and even potential jail time or felony charges if involved in an accident. |
| Impact on Employment and Daily Life | License suspension disrupts daily routines and can severely affect work, school, and personal responsibilities, particularly for those whose jobs require driving. |
| Financial Consequences | Beyond legal fines, additional costs include reliance on alternative transportation (e.g., rideshare, taxis, public transit) and increased auto insurance premiums or cancellations due to high-risk classification. |
| Reinstatement Challenges | Reinstating a license involves paying fees, possibly completing additional courses (such as traffic safety or alcohol education), and in some cases, installing an ignition interlock device or obtaining a restricted license for specific purposes. |
A mandatory license suspension under MCL 257.319 can severely impact daily life, but drivers may have legal options to challenge it. While the Secretary of State enforces automatic suspensions, individuals can explore defenses, appeals, or restricted licenses to mitigate the impact. Knowing the available legal remedies can help protect driving privileges.
While a mandatory suspension can be disruptive, drivers have options to challenge or minimize its effects. Seeking legal representation early can improve the chances of overturning a conviction, obtaining a restricted license, or appealing a suspension.
Restoring a suspended license in Michigan requires a structured process, which varies depending on whether the suspension is definite or indefinite. The Michigan Secretary of State (SOS) oversees reinstatements and outlines specific requirements that drivers must fulfill before regaining their driving privileges.
The first step in the reinstatement process is obtaining a certified complete driving record from the Michigan SOS. This record provides a full history of the driver’s violations, current suspensions, and any unresolved issues that need to be addressed. Drivers with violations in other states must also check their records there, as unpaid fines or unresolved legal matters in another state can impact the ability to restore a Michigan license. The driving record will indicate whether the suspension is definite or indefinite, which determines the next steps.
A definite suspension has a specific start and end date. Once the suspension period ends, the driver can reinstate their license by paying the $125 reinstatement fee at an SOS office or online. No additional hearings or legal actions are required unless new violations occur.
An indefinite suspension has no automatic end date and remains in effect until the driver resolves outstanding issues. Common reasons for indefinite suspensions include:
Drivers with indefinite suspensions must fulfill all outstanding obligations before applying for reinstatement. Certain suspensions, particularly those related to unpaid fines or missed court dates, may be resolved under Michigan’s Clean Slate laws. Checking with the SOS can clarify whether a suspension qualifies for early removal.
Drivers whose licenses were revoked due to Operating While Intoxicated (OWI) or other serious alcohol-related offenses face a more complex reinstatement process. If the driving record includes the designation “Administrative Denied and Revoked,” the driver must first check for an “eligible for review” date. This indicates when they may apply for reinstatement.
Before a review hearing, the driver must submit:
The hearing is held at an SOS office, with an officer reviewing all submitted documents and listening to testimony before making a decision. If approved, the driver may initially receive a restricted license with an ignition interlock device (BAIID) requirement. They must use the BAIID for at least one year before they can request a full reinstatement.
Drivers required to attend a reinstatement hearing should be well-prepared, as the SOS hearing officer has full discretion over whether to restore driving privileges. It is recommended to bring all original documents, including copies of submitted evidence. While bringing witnesses is optional, the hearing officer may rely on notarized support letters instead.
After the hearing, the decision is provided by mail or email. If the request is denied, the driver can file an appeal under specific circumstances, such as:
Appeals are heard in the local circuit court, and legal representation is highly recommended for these cases.
Reinstating a suspended license in Michigan involves multiple steps, including reviewing driving records, resolving outstanding suspensions, and attending hearings when necessary. Definite suspensions require only a reinstatement fee, while indefinite suspensions demand additional compliance with legal requirements. OWI-related revocations follow a stricter process with mandatory evaluations, hearings, and potential use of an ignition interlock device.
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I didn’t know much about the entire legal process so Paul was a great Lawyer for me. He took the time to explain everything without making me feel dumb. He fought for me and got me a great outcome for my case. He is a great guy that eased my stress about my case and I would recommend him to anyone. Thank you Paul!
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A mandatory license suspension under MCL 257.319 can have serious consequences, affecting your ability to work, run errands, and meet daily obligations. Understanding the reason for your suspension and taking the right legal steps can make a significant difference in restoring your driving privileges. Whether you are dealing with a first-time suspension or facing complex reinstatement requirements after an OWI conviction, knowing your options is the first step toward getting back on the road.
If you need legal assistance with license restoration in Oakland County, Michigan Defense Law is here to help. Attorney Paul J. Tafelski and our team have extensive experience handling license suspensions, appeals, and restricted license requests. We can guide you through the process, represent you in hearings, and help build a strong case for reinstatement.
Call (248) 451-2200 today to schedule a consultation and take the next steps toward restoring your driving privileges.