What is a Michigan DWLS charge?

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 4, 2022

What is a Michigan DWLS charge?
What is a Michigan DWLS charge?

If you are facing a Michigan DWLS (driving while license suspended) charge, it is important to understand what this charge means and the possible penalties you may face.

A Michigan DWLS charge can be a misdemeanor or felony, depending on the circumstances. If caught driving on a suspended license, you may face serious penalties, including jail time, fines, and loss of your driver’s license. A DWLS charge is a criminal offense in Michigan and can result in up to 93 days in jail and a $500 fine. The punishment for a subsequent violation could include imprisonment for not more than one year, a fine of not more than $1,000.00, or both.

DWLS law.

MCL 257.904 explains the DWLS law, including the elements a prosecutor must prove to convict someone of a Michigan DWLS charge. The prosecutor needs to establish the following elements:

The person’s driver’s license has been suspended or revoked or whose application for license has been denied

The person was operating a motor vehicle on a public highway or other place open to the general public including roadways and parking lots

MCL 257.904

Guilt and innocence are often straightforward in driving while suspended cases. But, guilt is not automatic. The prosecutor must show that the person knew his or her license was suspended at the time the police stopped them.

In addition to the criminal penalties, the Secretary of State will put two points on your driving record and suspend your license. The length of the suspension will depend on the number of DWLS offenses you have on your driving record.

A Michigan DWLS charge is a crime.

Since a DWLS charge is a driving offense, many people do not recognize that a DWLS is a crime. The State of Michigan takes driving on a suspended or revoked license very seriously. A DWLS is not just a traffic ticket or civil infraction. You cannot pay a fine and be done with it. Nor should you. There are many options a lawyer can use to keep you out of jail, save your license, and keep points off of your driving record.

How can a Michigan DWLS charge be elevated to a felony?

A Michigan DWLS charge can be elevated to a felony under certain circumstances. If someone is convicted of DWLS and causes severe injury or death to another person, then the charge will be elevated to a felony. What was once a is now charged as a felony when an accident is involved. The penalties are more serious depending on the damage in the car accident.

If someone was injured, an individual could face up to 5 years in prison and fines of $1,000 to $5,000.

If someone drives while suspended and causes another person’s death, they will face a penalty of up to 15 years in prison and a fine ranging from $2,500 to $10,000.

A Michigan DWLS charge will increase your insurance rates.

If convicted of a DWLS, your insurance company will know. As usual, they will raise your monthly premiums or drop your coverage entirely.

How a lawyer can help with a Michigan DWLS charge.

A lawyer can help with a Michigan DWLS charge in several ways. First, a lawyer can review your case’s facts and determine if any defenses may apply to your situation. If there are, a lawyer can help you present those defenses in court. Second, a lawyer can negotiate with the prosecutor on your behalf to reduce or dismiss the charges. Finally, if you are convicted of DWLS, a lawyer can help you understand the consequences and options available.

A lawyer’s first goal is to get the DWLS charge dismissed. One solution is to get the DWLS reduced to allowing an unlicensed driver to drive. This is one of the best outcomes for someone charged with a DWLS. This charge is a misdemeanor, but it does not go on your criminal history. It is considered a non-moving violation. Next, it is a zero-point offense that is not sent to the SOS so your license will not be suspended. It is a great outcome, but an attorney must look at your case and driving record to properly advise you on how to get in a position to get this plea offer. Typically, the court sentences you to just a fine.

If “allowing an unlicensed driver to drive “is not available, the DWLS charge could be reduced to a “No Operator’s License on Person.” This is typically called “No Ops.” It is a misdemeanor, but it is not put on your criminal history. While it goes on your driving record, it is also a zero-point offense that does not carry a required license suspension. Itis doubtful the court will place you on probation.

If the plea options are unavailable, then the goal is to keep the person out of jail. If a prosecutor is not willing to make a plea offer, the prosecutor has taken a harsh stance because your record might be terrible or you have been convicted of several DWLS offenses. Prosecutors take these situations seriously because they believe that drivers who operate their vehicles without a valid license pose a danger to the public. According to prosecutors and judges, when someone chooses to drive without a valid license, they are essentially thumbing their nose at the law. They believe this type of behavior puts everyone on the road at risk, and prosecutors want to send a message that this type of disregard for the law will not be tolerated. A lawyer is necessary to convince the prosecutor and court that jail is not the best solution to the case.

Defenses to a Michigan DWLS charge.

If you have been charged with driving while license suspended (DWLS), there are a few defenses that may be available to you. One defense is that your license was not actually suspended at the time of the offense. This can happen if you paid your reinstatement fee but the Secretary of State did not process it, or if there was an error in the system.

Another possible defense is that you were not properly notified of the suspension. The Secretary of State is required to notify you by mail when your license is suspended, and if they fail to do so, you may have a defense to the charge. The state must prove that you knew about the suspension. If you never received notification, you were not aware you would be breaking the law by driving.

Finally, if you can show that you had a good reason for driving despite the suspension (for example you were driving to get medical care), that may be a defense to the charge. This is called the defense of “necessity.”

The law recognizes there are situations where a person absolutely must drive despite a suspended license. The law, MCL 257.904(15), states:

This section does not apply to a person who operates a vehicle solely for the purpose of protecting human life or property if the life or property is endangered and summoning prompt aid is essential.

MCL 257.904(15)

Recently, our office, used this defense when our client drove his fiance to the hospital because of a medical emergency. Despite the emergency, the officer still charged our client with a DWLS. We were able to get a dismissal of the charge. Of course, this defense is not available because you have to go shopping or pick your child up from school. A true emergency is required.

Contact us.

A Michigan DWLS charge can be a very costly and stressful experience. If you are facing a DWLS charge, you may be feeling overwhelmed and unsure of where to turn. Many people think that they can handle their own DWLS case, but it is important to remember that a DWLS is a criminal offense. The consequences of a DWLS conviction can be significant, including jail time, loss of your driver’s license, and steep fines.

If you are facing a Michigan DWLS charge, it is important to contact an attorney who can help you navigate the legal process. An attorney will know how to challenge the DWLS and will work to get your charges reduced or dismissed altogether.

Czarnecki & Taylor will do everything possible to explain your situation to the prosecutor and court. Our lawyers will work to get the charges reduced or dismissed. If you had to drive because of an emergency, we will work to get the charges dismissed.

Our experienced attorneys will work to save your driver’s license and protect you from additional suspensions. Since our attorneys have dealt with the courts for many years, we know the prosecutor’s and judges really well. We understand what they expect. This experience is used to get you the best outcome.

This article is based on our experience handling many Michigan DWLS charges in the tri-county area including but not limited to the following courts:

Contact Czarnecki & Taylor

If you are charged with a Michigan DWLS, Czarnecki & Taylor are here to help. We are available 24/7 at (586) 718-2345 for a free initial consultation.

Schedule a free consultation.

Discuss your case and facts to learn information about your situation.

Get a plan designed personally for your case.

Get a thorough and detailed plan of action with the purpose of getting the best outcome on your case.

Let your defense begin now.

Work with lawyers who are dedicated to your defense. We understand that being charged with a crime can be stressful and overwhelming. We will be by your side every step of the way, providing guidance and support.

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