Losing your driver’s license can feel like losing your freedom. In a city like Royal Oak, where driving is essential to everyday life, being unable to get to work, school, or medical appointments can throw your entire routine into chaos.
After a DUI arrest in Michigan, you face two separate battles to keep your license. Michigan’s laws are strict, but a first-offense conviction doesn’t always mean you’ll lose your license completely.
You may still be eligible for a restricted license, allowing you to meet your responsibilities while you navigate the legal process. A Royal Oak DUI lawyer at Friedman Law Firm can guide you through your options and fight to protect your ability to drive.
Your livelihood and independence are too important to risk. Contact Friedman Law Firm today at (248) 932-0900 for a free, confidential consultation.
Key Takeaways About Restricted Licenses After a DUI/OWI Conviction
- A restricted license in Michigan allows you to drive for specific, necessary purposes after a first-offense DUI conviction.
- There are two separate license suspension processes: one from the Secretary of State (administrative) and one from the court.
- For first-offense OWI, a restricted license is typically granted after a 30-day hard suspension.
- Installation of a Breath Alcohol Ignition Interlock Device (BAIID) is often a requirement for driving with a restricted license.
- Refusing a chemical test at the time of arrest leads to a separate, mandatory one-year license suspension under Implied Consent laws.
Fighting for Your License in Michigan Court and Secretary of State Hearings
After a DUI arrest in Michigan, you are fighting a two-front war to keep your license. The criminal court case and the administrative process through the Michigan Secretary of State are separate and distinct.
The criminal court imposes penalties, including jail time, fines, and its own license sanctions, upon conviction. Separately, the Secretary of State takes independent administrative action against your license based on the report from the arresting police department.
This administrative sanction happens regardless of the court outcome and often begins immediately. A Royal Oak DUI lawyer can help you navigate both of these challenging processes.
Understanding Administrative vs. Court-Ordered Sanctions for a DUI
The administrative sanctions from the Secretary of State are often faster and more automatic. For example, if you refuse a chemical test, the police will immediately confiscate your license and issue a temporary paper permit.
You then have only 14 days to appeal this implied consent suspension. The court-ordered sanctions are imposed by the judge only after you are convicted or plead guilty to a DUI offense.
Your Driving Privileges After a First-Offense OWI in Royal Oak
For most people convicted of a standard first-offense Operating While Intoxicated (OWI) in Michigan, a restricted license is a likely outcome. The law, found in the Michigan Vehicle Code (Section 257.319), outlines a clear path for these sanctions.
Upon a first OWI conviction, the Secretary of State will suspend your license for a total of 180 days. However, you do not have to wait for the entire 180 days to be over before you can drive again.
The process for a first-offense OWI typically involves:
- A 30-day “hard suspension,” during which you cannot drive for any reason.
- Following the 30-day period, you may be eligible for a restricted license for the remaining 150 days.
This structure is designed to hold offenders accountable while still allowing them to maintain their livelihood and manage family responsibilities.
What You Can Do with a Restricted License in Michigan
A restricted license does not grant unrestricted driving privileges. Instead, it carefully defines when and where you may legally drive, as set forth by statute.
Under the law, you are permitted to drive only for specific, necessary purposes. These typically include traveling to and from your place of employment, driving in the course of your work, or attending court-ordered alcohol or drug education or treatment programs.
You may also be allowed to drive to probation appointments or community service obligations required by the court.
Driving for any reason outside these approved purposes violates the terms of your restricted license and can result in additional criminal charges or an extended suspension. Understanding and adhering to these limitations is an important responsibility.
How a BAIID Device Affects Your Driving After a DUI in Michigan
For certain DUI convictions, and especially for individuals with a high blood alcohol content (BAC) or repeat offenses, the state may require the installation of a Breath Alcohol Ignition Interlock Device (BAIID) on your vehicle as a condition of driving.
A BAIID is a small device that is wired into your vehicle’s ignition system. Before you can start the car, you must blow into the device and provide an alcohol-free breath sample. The device also requires random rolling re-tests while you drive.
All data from the BAIID is recorded and sent to the Secretary of State. Any failed tests or attempts to tamper with the device are reported and can result in a violation of your restricted license terms.
Navigating the BAIID Requirements After a Royal Oak DUI
The BAIID requirement adds another layer of complexity to your life after a DUI. You are responsible for all costs associated with the installation, monthly calibration, and removal of the device. A DUI attorney in Royal Oak can help you understand if a BAIID will be required in your case and what to expect from the program.
License Revocation for Repeat DUI Offenses
If you have prior DUI convictions, the license sanctions become much more severe. A second DUI conviction within seven years, or a third conviction in your lifetime, results in a mandatory revocation of your driver’s license.
Revocation is different from a suspension. During a suspension, you know you will get your license back on a specific date. A revocation means your license is taken away indefinitely.
There is no automatic path to getting it back. To regain your driving privileges, you must complete a formal license restoration appeal process with the Secretary of State. Eligibility to apply begins after one to five years, depending on your record.
Understanding Michigan’s Implied Consent Law
Michigan’s Implied Consent Law states that by driving on a public road, you have automatically consented to a chemical test of your blood, breath, or urine if a police officer has probable cause to believe you are driving under the influence.
If you refuse an officer’s proper request for a chemical test at the police station, it triggers a separate and immediate administrative license suspension. Under the Implied Consent law, this refusal results in a mandatory one-year suspension of your driver’s license.
This is in addition to any penalties you might face in the criminal court for the DUI charge itself. You only have 14 days from the date of refusal to file an appeal of this suspension with the Secretary of State.
Eligibility for Restricted Licenses and BAIID Requirements in Michigan
Eligibility for a restricted driver’s license and the need for a Breath Alcohol Ignition Interlock Device (BAIID) depend on the specifics of your DUI conviction.
- BAC Level: A first-offense OWI with a BAC under 0.17% typically allows for a restricted license after a 30-day hard suspension, without an immediate BAIID. A High BAC OWI (0.17% or higher) usually brings a 45-day hard suspension and requires a BAIID during the restricted license period.
- Prior Offenses: Multiple DUI convictions (such as a second within 7 years or a third lifetime offense) lead to tougher penalties—longer suspensions or revocations, required BAIID installation, and formal hearings to prove sobriety before reinstatement.
- Refusal to Take a Chemical Test: Refusing a test triggers an automatic one-year administrative suspension. Restricted licenses are difficult to obtain during this time and usually require a court hearing after a waiting period.
- Other Eligibility Factors: Outstanding suspensions, revocations, court failures, or other violations on your record can disqualify you from getting a restricted license even if you meet other criteria.
Because these rules can be complex, it’s best to consult an experienced DUI attorney to determine your eligibility, understand BAIID obligations, and navigate the reinstatement process.
How a Royal Oak DUI Lawyer Can Help Protect Your License
When you are facing a DUI charge, the consequences can feel immediate and disorienting. At Friedman Law Firm, we understand that your primary concern is often your ability to continue driving.
Our firm, founded by Lowell Friedman, is dedicated to providing a strategic defense that not only addresses the criminal charges but also focuses on mitigating the impact on your driver’s license. We serve clients throughout Southeast Michigan, bringing a deep understanding of the local Oakland County court and Secretary of State procedures.
Our approach begins with a comprehensive analysis of your case. A DUI attorney from our Royal Oak team will review the traffic stop, the administration of field sobriety tests, and the chemical test results to identify any weaknesses in the prosecution’s case.
We then take specific actions to protect your license. This includes representing you at your administrative hearing with the Secretary of State and advocating in court for an outcome that preserves your ability to drive.
A Focused Strategy for Your Michigan Driver’s License
We focus on helping you regain your driving privileges legally and as quickly as possible. This may include negotiating to have an Operating While Intoxicated (OWI) charge reduced to a lesser offense, such as Operating While Visibly Impaired (OWVI), which carries a shorter license suspension.
In addition, we provide step-by-step guidance throughout the restricted license process, ensuring you understand every requirement and deadline. Our priority is to reduce the impact on your daily life and help you stay on the road for your essential responsibilities.
FAQs for Royal Oak DUI Lawyers
What is the difference between an OWI and an OWVI in Royal Oak?
OWI (Operating While Intoxicated) generally means you were driving with a bodily alcohol content of 0.08% or higher, or that alcohol substantially affected your ability to drive. OWVI (Operating While Visibly Impaired) is a lesser offense where the prosecution must prove your ability to drive was visibly impaired by alcohol, even if your BAC was below 0.08%.
Can I get a restricted license if I refused the breath test in Michigan?
Refusing the chemical test at the station triggers a separate one-year implied consent suspension. It is possible to appeal this suspension and, in some cases, seek a hardship license from a circuit court judge after a 90-day waiting period, but this is a difficult legal process.
How soon after a first DUI conviction can I legally drive again in Royal Oak?
For a first-time OWI conviction, the law requires a mandatory 30-day “hard suspension” during which you are not allowed to drive under any circumstances. Once that period ends, you may generally apply for a restricted license valid for the next 150 days. This restricted license permits driving only for specific, court-approved purposes, such as employment or other essential obligations.
Does a DUI in another state affect my Michigan driver’s license?
Yes, it does. Michigan is part of the Driver License Compact, an interstate agreement. A DUI conviction from almost any other state will be reported to the Michigan Secretary of State, who will then impose a license sanction on your Michigan license as if the offense had occurred here.
What happens if I am caught driving outside the restrictions of my license?
Driving in violation of the terms of your restricted license is a separate criminal offense. It can lead to new charges, additional fines, a longer period of license suspension or revocation, and may even result in jail time, especially if it is not your first violation.
Steps to Protect Your Driver’s License After a DUI in Michigan
A DUI charge can disrupt your entire life, but the loss of your driver’s license is often the most immediate and difficult consequence. The ability to drive is the ability to remain independent, employed, and connected to your family and community.
While the laws are strict, there are pathways to keep you on the road for your most important needs. Understanding your rights and acting quickly are the first steps toward a better outcome.
The legal team at Friedman Law Firm is ready to build a strong defense for both your criminal case and your driving privileges. We are here to provide the guidance, support, and skilled advocacy you need.
Contact us today at (248) 932-0900 for a no-cost, confidential consultation to discuss your case with a Royal Oak DUI lawyer.