Suspension of Driver's License in Michigan
Having your driver’s license suspended in Michigan can be a terrible imposition. Driving is necessary for handling the many complicated tasks of everyday life. If your driver’s license has been suspended in Michigan, then you may not be able to get to work, school, or other places. If you drive on a suspended driver’s license, then you will face serious additional penalties such as two points on your driver’s license and an additional period of suspension or revocation. Therefore, it is important that you do not take a driver’s license suspension or revocation lightly. Thankfully, there are many situations where you may be eligible for a restricted driver’s license after your driver’s license has been suspended. If you have been convicted of Operating While Intoxicated (OWI), then you will be eligible for a restricted driver’s license after the first 30 days. Additionally, there are circumstances where you can petition the circuit court for a restricted license based on hardship, so that you can drive to work, school, or treatment. Reach out to our driver's license restoration attorney if you are being charged with driving while intoxicated or facing a driver’s license reexamination for tickets, violations, or more than 12 points on your driver’s license.
There are many reasons why a person’s driver’s license can be suspended in Michigan. Whether you have had your driver’s license suspended for an OWI, High Blood Alcohol Content (HIBAC), refusal to submit to chemical testing, more than 12 points on your driving record, or driving without insurance, you should have the skilled team at Grabel & Associates help you achieve a favorable outcome. It does not matter if you are a juvenile facing an MIP or if you are facing a fleeing and eluding charge, the wheels of the justice system move swiftly, but if you call right away we can work fast and get out in front of your situation. Time is of the essence, because many situations, such as refusal to submit to chemical testing only allows for a 14-day window to contest the charges, but if you are facing a moving violation then it can be as little as 10 days to contest the ticket in writing. Consequently, it is important that you act quickly and contact Grabel & Associates today at 1-800-677-9795.
Suspended License for Drinking and Driving
If you are being charged with a first offense drinking and driving, then you are also facing a mandatory license suspension. However, just because you are charged with a particular crime, it does not mean that you must be convicted of it. For instance, if you are found to have a BAC of .17 or above, then a prosecutor will likely charge you with a High BAC OWI, more commonly referred to as a Super Drunk OWI. While a Super Drunk OWI is only a misdemeanor, it carries some serious penalties that can greatly disrupt your life. If you are convicted, then the Secretary of State will suspend your driver’s license for 45 days. Once the conviction is entered, then there is no getting around the suspension, and you will not be able to drive to work or school for any reason. After 45 days you will be eligible for a restricted driver’s license, but only after you have a Breath Alcohol Ignition Interlock Device (BAIID) installed in your vehicle. You must present a sealed certificate of installation from a state certified BAIID installer before the Secretary of State will issue you a restricted license. If you are convicted of a Super Drunk OWI, then you have will have to drive using a restricted license that only allows you to drive to and from work, school, doctor appointments, and court ordered alcohol and drug treatment for a period of 320 days which is about 10.5 months. The salient point here is that the most important underlying factor for obtaining a better outcome is excellent legal representation. If you have a skilled attorney represent your legal interests and protect your rights, then a better outcome than Super Drunk OWI is possible.
Let us say for instance, that the person in the above example has been charged with a high BAC Super Drunk OWI, and then hired Grabel & Associates. Through excellent legal representation, and a thorough probing and combing of the state’s evidence, it may be possible to have the charges dismissed due to insufficient evidence or reduced from a Super Drunk OWI to a first offense OWI. A first OWI carries far fewer restrictions and disruptions on a person’s life than a Super Drunk OWI. For example, instead of the 45 days of not driving for a Super Drunk OWI, a regular first offense OWI only has a 30 day mandatory suspension. However, what is even better then having 15 days less of the hard suspension is the fact that you do not need to have your vehicle equipped with a breathalyzer to get a restricted license. Savings on not needing a breathalyzer interlock could translate into as much as $200 a month for service and monthly device downloads. You would simply be issued a restricted license after the 30 day suspension is over, and be required to drive under the parameters of the restricted license for a period of 150 days.
It should be apparent that the quality of attorney you select can have a dramatic effect on the quality of life that results from the outcome of your case. Let us look at the example above one more time. Let’s say that a person is being charged with a Super Drunk OWI or a regular first offense OWI. After carefully looking at your circumstance or your arrest, and conducting a thorough investigation of the state’s evidence, it is possible that the state’s evidence could be lacking due to improper procedure or a poor calibration of breathalyzer equipment. When this happens there is a real opportunity for a favorable plea bargain to be struck, or outright dismissed. The art of tactful, professional negotiation is not a strength that all attorneys are blessed with.
Thankfully, our attorneys have the experience and talent to use the evidence that supports your position to get the very best outcome. This can lead to an outright dismissal or a charge reduction. Our first objective is to get a dismissal of all charges.
Driving While your License Is Suspended
Another very common reason to have your driver’s license suspended in Michigan is Driving While your License is Suspended (DWLS) or Driving While Your license is Revoked (DWLR). DWLS and DWLR both fall under the same law in MCL 257.904, and both are misdemeanors in Michigan. The penalty for DWLS or DWLR can be as high as 93 days in jail and $500 in fines. Other penalties include an additional period of suspension or revocation and two points added to your driver’s license. Swift action from a knowledgeable attorney is necessary to protect your criminal record and your driving privileges and to beat or reduce the charges.
Refusal to Submit to Chemical Testing
Under Michigan’s implied consent law codified in MCL 257.625c, you are required to submit to chemical testing if the officer had reasonable grounds to believe that you had committed a crime such as drinking and driving. If you do not submit to one, then the officer will submit a report of refusal to the Secretary of State, and you will be issued a citation explaining your rights. It is essential that you contact Grabel & Associates immediately, because you only have 14 days to contest the civil infraction before the mandatory one-year suspension is entered against you. Once the suspension is entered you will have to serve the one-year suspension and will not be eligible for a restricted driver’s license. The experienced driver’s license attorneys at Grabel & Associates can vigorously advocate on your behalf at the hearing. It is possible that the officer did not have reasonable grounds to believe you had committed one of the crimes listed in the statute. Additionally, there is an entire of list of rights the officer must advise you of under MCL 257.625(6). Finally, it is possible that under the particular circumstances of your situation at the time of the encounter with the law enforcement officer that your refusal was reasonable. If any of these criteria are met, then the magistrate must dismiss the civil infraction. Occasionally the law enforcement officer pressing the charge does not show up due to a scheduling conflict, and when this happens you win by default and the charge is dismissed. In addition, if unsuccessful you can petition Circuit Court for a hardship license.
A second Refusal to Submit to Chemical testing can be even more serious, because it carries a mandatory two-year suspension if you are convicted. However, you will be eligible to petition the circuit court after a year for a restricted license based on the hardships it may be causing in your life. The best solution is always to get out in front and avoid the conviction. You can visit our page on Implied Consent and Breathalyzer Refusal Suspension to research more about the topic.
Contact Us Today
You can navigate over to our Why Could My License Be Suspended in Michigan? section to research other causes of driver’s license suspensions in Michigan. Regardless of the underlying reason that your driver’s license may be in jeopardy of suspension or has already been suspended, chances are we have handled it before and can help you. Our firm has specialized in driver’s license related matters for more than 15 years, and we have the experience, professionalism, and commitment to help you win a more favorable outcome in your case. Contact us today for your free consultation, and to begin crafting a comprehensive legal defense strategy for any issues you may have.