What is a Michigan Driver’s License Revocation and how to fix it.

BY: Attorney James Czarnecki| Czarnecki & Taylor PLLC| OCT 19, 2022

What is a Michigan driver's license revocation?
What is a Michigan driver’s license revocation?

What is a Michigan driver’s license revocation? In Michigan, your driver’s license can be suspended or revoked for different reasons. The SOS will suspend your license if you fail to pay your tickets on time or miss a traffic hearing court date. After the suspension expires, reinstatement is usually automatic, that is, after you pay a reinstatement fee. In contrast, if you’re convicted of serious offenses, your driving privileges will be revoked. With a revocation, reinstatement is not automatic. You will have to take additional steps to get your license reinstated.

Many confuse driver’s license with “suspension” and “revocation.” While both result in the loss of driving privileges, they differ regarding how your license is reinstated.

If a driver’s license is suspended, an individual’s driving privileges are temporarily withdrawn for a specific period and may be reinstated once the terms of the suspension are fulfilled. Because a driver’s license renewal transaction is required you must visit a Secretary of State Branch office to get your license reinstated.

Michigan Secretary of State

A driver’s license suspension is easier to remedy. In contrast, a driver’s license revocation is much hard to fix.

If a driver’s license is revoked, an individual’s driving privileges are terminated and can only be reinstated if the individual meets eligibility requirements and any conditions or terms set forth in a hearing facilitated through the Michigan Department of State.

Michigan Secretary of State

There are several important differences between Michigan driver’s license revocation and suspension. As the language from the Secretary of State makes abundantly clear, a driver’s license that is suspended will be reinstated after the applicable period has passed. In contrast, a revoked driver’s license may not be reinstated at all.

Learn more about driving on a suspended license in Michigan.

Another key difference is that drivers who have their licenses suspended because of certain violations, such as driving under the influence or failing to pay child support, might have their licenses restored early if they meet specific requirements. In contrast, drivers whose licenses have been revoked generally do not have this option. Once a license has been revoked, it remains permanently revoked unless it is reinstated by court order, SOS administrative process, or hearing.

Another difference between a license revocation and suspension is how long each lasts. A suspension usually lasts 30 days. A driver’s license revocation last much longer, meaning  you might have to wait one to five years before you are eligible to apply for a hearing to have your license reinstated.

Causes of a Michigan Driver’s License Revocation and Suspension

Your license can be suspended or revoked for dangerous, negligent, or careless driving. Some examples include:

  • Manslaughter or other felony involving a motor vehicle
  • Operating under the influence of liquor or drugs
  • Drinking and driving offenses
  • Refusal to take a breathalyzer test at the police station
  • Fleeing or eluding
  • Accident causing serious injury or death
  • Careless driving
  • Reckless driving

Depending on the offense, a suspension can range from 30 to 365 days. Again, a license suspension is for a set time period. Once the time expires, you need only visit a Secretary of State branch office to pay a reinstatement fee. The process is straightforward and does not require a hearing, unlike a driver’s license revocation.

Michigan Driver’s License Revocation

Unlike the automatic reinstatement resulting from a suspension, a driver’s license revocation requires a hearing.

People usually have their driver’s licenses revoked for having multiple drinking and driving convictions. The SOS will revoke your license for two drinking and driving offenses within seven years or three within ten years. A court cannot override the revocation.

Unlike a suspension, a revocation does not have an end date. You will have a hearing eligibility date, however. Unfortunately, your license will not be automatically restored. You must appeal your driver’s license revocation at the SOS. Office of Hearings and Administrative Oversight License Appeal information.

A Michigan Driver’s License Revocation is Indefinite

When imposed, a driver’s license revocation is indefinite. Once eligible, however, you can appeal to have your license privileges reinstated at a hearing before the OHAO of the Michigan Secretary of State. You can schedule a hearing a year after your last OWI conviction or five years after your third conviction, within ten years. Additional periods of mandatory revocation, “like-kind” revocations, are imposed when someone is caught driving during a revoked status. Additional revocations run consecutively, for an additional one year or five years, depending on the original revocation.

In Michigan, reinstating a driver’s license after multiple drinking and driving convictions can be difficult. You must meet specific requirements to reinstate your license, including completing an alcohol or substance abuse treatment program. You must provide proof of attendance at an alcohol counseling program, a substance abuse evaluation report, letters of reference, a 12-panel drug screen, and other evidence attesting to your sobriety. The treatment program’s length depends on the severity of the facts of your case. You need to present evidence to “clearly and convincingly” show that any alcohol problem is under control and likely to remain that way.

Once eligible for a license appeal, when you hire our office, we prepare you for the hearing, including the paperwork and your testimony. Other times, we may suggest that you pursue an appeal later, depending on the facts of your case. Postponing a hearing will almost always significantly improve your chances of winning.

The following are a few situations where we might suggest that it would be in your best interest to postpone your license restoration hearing:

  • You are still on probation,
  • A longer period of period of unsupervised sobriety is necessary,
  • You may need to attend counseling or substance abuse treatment program
  • You may need proof of attendance at AA

How to increase your chances of winning your license appeal.

You can do several things to increase your chance of success at a restoration hearing. The first step is gathering all your documentation including court records, substance abuse evaluation report, proof of counseling, drug screen, reference letters, and other information. These documents should show that you have made significant progress in overcoming any behaviors or issues that led to your OWI convictions, namely you have obtained sobriety.

To be successful, you must work with an experienced attorney who has experience handling driver’s license restoration hearings. Your attorney can guide you through the process, answer your questions, diligently prepare your paperwork, prepare you to testify, and represent you during the hearing. With proper preparation and professional assistance, you will significantly increase your chances of winning your hearing.​

Hiring a lawyer will help you win your license hearing.

There are many reasons you should hire a lawyer to help with your Michigan driver’s license revocation. First, a lawyer will help you restore your license at your first hearing.

A driver’s license lawyer is an expert with experience navigating the legal system and license restoration process. Your attorney will provide valuable insight into your case and advocate for you at the hearing, helping you get your license back.

Finally, a lawyer will relieve the stress and anxiety of dealing with a driver’s license revocation. A lawyer will take care of the details in your case so that you can focus on other aspects of your life. A lawyer will successfully guide you through this challenging process and protect your legal rights.

If you are facing driver’s license revocation, working with a skilled attorney who will help you through this process and advocate on your behalf is essential. With the right legal help, you can reinstate your driving privileges. So if you need help with driver’s license revocation, contact our experienced license lawyers today for more information and advice.

Contact Czarnecki & Taylor

If you are facing a Michigan driver’s license revocation, it is important to contact us to discuss your legal options. At Czarnecki & Taylor, we understand the stress involved with license revocation which is why we will work diligently on your case.

Is your license revoked? We can get you driving again. Czarnecki & Taylor‘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.