How Restrictions, Revocations, and Suspensions Affect Driver's License Restoration in Michigan

It's important to understand how restrictions, revocations, and suspensions differ when trying to restore your Michigan driver's license.

A restricted driver’s license restricts driving privileges. With a suspension you lose your driving privileges temporarily while a revocation is the permanent loss of your driving privileges.

Your license can be restricted, suspended or revoked for for multiple reasons by the Michigan Secretary of State. Typical grounds include:

• Refusal to take a chemical test after a DUI arrest (implied consent). This results in a 1- year suspension for the first refusal and a two year suspension for another refusal within 7 years. In Michigan, first refusals can only be appealed to circuit court on a hardship basis.
• Numerous DUI convictions (habitual offender). Your driver's license was suspended for 1 year after 2 DUI convictions within a 7-year period. Driver's licenses are suspended for 5 years after 3 DUI convictions. If you're license was revoked due to multiple DUI convictions, you must wait for the revocation period to end before requesting a hearing to reinstate your license.

Other typical reasons for driver’s license revocations, suspensions and restrictions include:

• Too many traffic tickets.
• Too many vehicle accidents.
• Operation of a vehicle with a suspended/revoked license.
• Restricted license violations. This violation occurs when an individual operates a vehicle outside of their spelled out restrictions. An example of this is if you are caught driving to a party when you only had privileges to drive to and from work.
• Probationary driver violations. A probationary driver receives either car accidents or traffic tickets.
• Drunk driving or similar offenses that took place in another state or states.
• Mental or physical disabilities that cause unsafe driving.

Hardship appeals are handled differently in circuit court depending on whether you have a suspension or revocation. The hardship appeal affords the petitioner a restricted license request, so for example, you may drive to and from your place of employment. Suspensions may be appealed on hardship grounds to the circuit court.

In a different category altogether are revocations. If you have a revocation from an arrest prior to 10/1/99, it may be appealed to the circuit court; revocations post 10/1/99 may not be appealed. Therefore, an arrest for driving with a license revoked after 10/1/99 may not be appealed for hardship reasons. Unfortunately you must wait for the revocation period to end before seeking a new license to drive.

There are significant differences between suspensions and revocations. Obtain the assistance of a driver's license restoration attorney in Michigan to determine your best course of action.