By Attorney James Czarnecki| Czarnecki & Taylor PLLC| OCT 18, 2022
Unlike a traffic ticket, which is a civil infraction, a Michigan driving while license suspended or revoked is a criminal offense. A DWLS/DWLR will have significant consequences on your driving privileges. If you are convicted of DWLS or DWLR, you will have to appear in court and face fines, costs, and possible jail time. In addition, the Michigan Secretary of State will take action against your license, which could result in additional suspensions/revocations and points.
Differences between a Michigan driving while license suspended and revoked.
When you are facing a Michigan driving while license suspended or revoked (DWLS/DWLR) charge, there are a few important things you need to know. First, it is important to understand the difference between driver’s license suspensions and revocations.
DWLS and DWLR are probably the most frequent misdemeanor charges in Macomb County courts. People often confuse the terms even though they have different meanings. Most people use the word “suspended license” to describe any loss of their driver’s license. Most of the time, a person lost their license because of a suspension. But, people also use the term “suspended” when they refer to a “revoked” license. A revoked license differs greatly from a suspended license. A revoked license revocation is a more complex situation. That is why it is important to understand the differences between DWLS and DWLR.
When it comes to driving with a suspended or revoked license, there are several key differences that you should know. If you are charged with driving while license suspended, this means that the Secretary of State has temporarily taken your driver’s license away. Read more about DWLS. This can include failing to pay traffic tickets or child support payments, getting caught drunk driving, accumulating too many speeding tickets within a specific period, or even being convicted of certain crimes. Regardless of the reason for your suspension, once your suspension period ends, and you have paid all applicable fines and completed other requirements, SOS will automatically reinstate your license. Learn more about driving while license suspended and how to fix it. Also, how to reinstate your Michigan driver’s license.
If you are charged with driving while license revoked, the state has taken away your driver’s license indefinitely until you attend a hearing to have it reinstated. Revocations occur when someone has repeatedly violated traffic laws or committed severe criminal offenses, or multiple OWIs. Once your revocation period ends, there is no way to get your license back until the SOS officially reinstates it after a complicated hearing process.
Another critical difference between driving while license suspended and revoked, are the penalties. The penalties for driving while license suspended are less severe than the penalties for driving while license revoked. For example, a first offense of driving while license suspended typically carries a fine of around $100-$300 and the possibility of up to 93 days in jail. In contrast, a first offense for driving while license revoked may also include fines ranging from $500 to $5,000 and potential jail.
Overall, it is important to understand the differences between these two charges. Whether your driver’s license has been temporarily suspended or permanently revoked, you have to complete different tasks to have your license reinstated.
At Czarnecki & Taylor, we represent many people with revoked licenses who are eligible to appeal to the Secretary of State to have their licenses reinstated yet fail to do so. Unfortunately, many people choose not to file for a license hearing for various unfounded reasons. Many people falsely believe the process is hopeless and not worth the effort. If you are in this situation, contact Czarnecki & Taylor for complete driver’s license restoration information, advice, and services. We can get you driving legally again.
What the prosecutor must prove in DWLS/DWLR cases.
The elements of DWLS and DWLR can be found at MCL 257.904. The prosecutor must prove the following elements:
- you operated a motor vehicle,
- on a highway or in another place open to the public, and
- your driver’s license was suspended or revoked at the time
- you knew or should have known that your license was invalid
Penalties for driving while license suspended or revoked.
The penalties for driving while license suspended or revoked can be harsh. The penalties get even worse when you have multiple convictions for the same offense.
Essentially, the criminal penalties are the same for DWLS and DWLR. For a first conviction, you will be guilty of a misdemeanor, with the chance of up to 93 days in jail and/or a $500 fine. For a second conviction, you could face up to a year in jail and/or up to a $1000 fine. To make matters worse, you could lose your license plates, face additional suspensions or revocations, and points on your license. People with three or more convictions face severe penalties, including, vehicle immobilization.
Driving while license suspended or revoked, while misdemeanors, can be enhanced to felonies under certain circumstances. You can be charged with a felony if you injure or kill someone while driving with a suspended or revoked license. If you kill someone while driving without a valid driver’s license, you can be found guilty of a felony and face up to 15 years in prison, a fine between $2,500 and $10,000, or both. If you cause “the serious impairment of a body function of another person,” you can be found guilty of a felony and could face up to 5 years in prison, a fine between $1,000 and $5,000, or both.
If the penalties for DWLS and DWLR are the same, then why does it matter?
While there are similarities between the two offenses, they also have important differences. One of the most significant differences between the two is the reason your driver’s license was taken away. When a person’s license is suspended, it is typically because they failed to pay a fine or appear in court for a traffic ticket. When your driver’s license is revoked, it means that you were convicted of multiple OWI convictions.
Understanding the differences between the two can help you understand how to reinstate your license. The most significant difference between a DWLS and DWLR are the administrative penalties imposed by the SOS. While the court imposes a sentence for violating the criminal law, SOS takes action against your license from an administrative standpoint. People are shocked when they learn that the courts and the SOS act independently.
The administrative penalties imposed by the SOS for DWLS or DWLR affect what steps you have to take to have your privileges reinstated. According to Michigan law, anyone convicted of driving on a suspended or revoked license will receive an additional “like period of suspension or revocation.” So, this means that if your license was suspended for 30 days, you will receive another 30 day suspension. After completing the suspension period, your license will be eligible for automatic reinstatement without additional hearings. You just have to go pay the reinstatement fee.
The SOS administrative penalties for driving on a revoked license are more severe. According to Michigan law, a person’s license can be revoked for the following:
- If a person is convicted of two drinking and driving offenses within seven years, that person’s license is revoked for year. Reinstatement is not automatic and the individual must appeal to the SOS to get his or her license back
- If the person is convicted of 3 drinking and driving offenses within ten years, that person’s license will also be revoked for 5 years. Again, the person must appeal to the SOS to have the license reinstated.
Suppose the police stop you for driving on a revoked license, due to drinking and driving offenses, and the revocation is for either one or five years. In that case, your license will be revoked for another one or five years after the completion of the original revocation period.
So, while DWLS and DWLR carry the same criminal penalties imposed by the courts, the SOS will also take action depending on which license sanction your license is under at the time you were stopped by the police.
Lastly, since a suspended license is often the result of unpaid traffic tickets. Once paid, the license is eligible for automatic reinstatement. If the SOS revoked your license, there is similar avenue to reinstatement. You must attend a hearing at the Office of Hearings and Administrative Oversight to prove you are eligible to have your driving privileges reinstated.
Why you need a lawyer to help with your Michigan driving while license suspended or revoked charges.
Of course, you understand no one should drive while his or her driver’s license is suspended or revoked. The reality is that people commit DWLS/DWLR offenses every day. Although people know they shouldn’t drive without a valid license, the truth is people have to get around for work, children, doctor’s appointments, etc. Driving is essential.
If you are charged with a DWLS or DWLR, you must take steps to defend yourself and your license right away. An experienced criminal defense attorney can help you navigate the complex legal system and work to minimize any potential penalties you may face. People wrongly believe that if they are stopped for either offense, there are no defenses. That is not always true. Read more here. With the help of an experienced criminal defense attorney, you can get through this difficult time as quickly and efficiently as possible.
Defenses to DWLS/DWLR
When you face a charge for DWLS or DWLR, it is important to understand the defenses you can use to fight the charges and avoid severe penalties. Some of the most common defenses include: arguing that your license was not suspended or revoked at the time that you were pulled over, disputing whether you were given proper notice of your suspension or revocation, claiming that your license was illegally suspended or revoked, and demonstrating that there were significant errors by law enforcement in handling your case.
One of the first things to consider when determining which defense may be suitable for your situation is whether your license was validly suspended or revoked at the time of your offense. If you were pulled over before your suspension or revocation was put into effect, this might provide grounds for a successful defense.
It is important to determine whether you received proper notice of your license suspension or revocation. This typically involves whether the notification SOS sent you was adequate and included all relevant information regarding your suspension or revocation. For example, if you never received notice, this might be grounds for disputing the validity of your suspension or revocation in court.
Another common defense to driving while license suspended or revoked involves challenging whether your license was actually suspended or revoked legally in the first place, because of errors by courts, law enforcement, prosecution, or procedural mistakes by the SOS.
Necessity can also be a defense. The “necessity defense” is a valid legal argument for people arrested for driving while license suspended or revoked during an emergency. For example, if you had to drive because of a medical emergency, you may have a necessity defense. You must meet specific criteria to apply this defense in your case.
For the necessity defense work, you must prove that there were no legal alternatives to driving available at the time of your arrest. For example, if you could not get transportation from friends and family,this may be considered a valid argument. In addition, you will have to show that the act of driving was necessary to avoid imminent harm or death to yourself or others.
As you can see, many potential defenses are available to drivers facing charges for driving while license suspended or revoked. If you are dealing with these charges, it is important to understand your options and work with an experienced criminal defense attorney who can help you choose the right strategy for your situation and give you the best chance at securing a positive outcome.
What if you are guilty of DWLS/DWLR?
A lawyer can still help by negotiating your case.
A plea bargain is an agreement between a defendant and the prosecution that allows the defendant to plead guilty to a lesser charge in exchange for certain concessions, such as reduced sentencing, a reduction or dismissal of charges. People caught driving while their license is suspended or revoked can take advantage of plea bargains and potentially avoid severe penalties such as loss of driving privileges or additional suspensions or revocations. If you have been charged with this offense, it is essential to consult with an experienced criminal defense attorney who can help you understand your options and work towards securing the best possible outcome in your case.
Typically, prosecutors are willing to accept a plea to an offense that does not go on your driving record if you take steps to fix your license. A lawyer can guide you through that deal and advise you on how to fix your license whether it was suspended or revoked.
If you have been charged with driving while license suspended or revoked, it is important to seek legal guidance as soon as possible. An experienced criminal defense attorney can help you evaluate your case and work towards securing the best possible outcome given the circumstances of your situation. Contact a qualified attorney today to learn more about how they may be able to assist you in navigating this process.
Contact Czarnecki & Taylor
Driving on a suspended or revoked license is a serious offense in Michigan, and if you are caught driving with a suspended or revoked license, you could face stiff penalties that may affect your ability to drive for years to come. To ensure the best possible outcome in your DWLS or DWLR case, it is important that you contact an experienced law firm as soon as possible after being charged. At The Law Firm of Czarnecki & Taylor PLLC, our legal team can help protect your legal rights and fight to have your record cleared while helping you maintain your driving privileges.
Do you have a DWLS or DWLR case? We can help. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.