Driving While License Suspended
Understanding Michigan DWLS Charges
Driving While License Suspended (DWLS) in Michigan is a serious offense that can lead to significant legal consequences. If you’re facing a DWLS charge, it’s essential to understand what it means, the potential penalties, and the options available to mount a defense.
What Is Driving While License Suspended?
DWLS refers to operating a motor vehicle while your driver’s license has been suspended or revoked. This is not just a routine traffic violation; it’s regarded as a criminal offense under Michigan law. Prosecutors must prove that the driver’s license was suspended or revoked, that the driver was operating the vehicle on public roads or similarly accessible areas, and that the driver had knowledge of the suspension.
Suspensions or revocations can occur for various reasons, including accumulating too many points on your driving record, failing to pay traffic fines or child support, being convicted of an OWVI, OWI, High BAC OWI, or being deemed medically unfit to drive.
This is attorney Mark Caldwell, and I’m here today to discuss what happens when you get a driver license suspended ticket. The reason why your license would be suspended would be that you have one drunk driving or you have two drunk driving within seven years or you have three drunk driving within 10 years. If you have one drunk driving, you’re going to typically have a 30 day hard suspension and a five month restricted. If you’re caught driving during that 30 days, you’ll get hit with a ticket or If you’re caught driving for a reason that isn’t restricted, you’ll also get this ticket. If you have two drunk drivings within seven or three within ten, then you have one year revocation on your license if it’s two within seven and you have a five year revocation if it’s three within ten. If you get this ticket, it’ll kick out your eligibility to apply with the Secretary of State. If it’s two within 10, it’ll kick your eligibility out one year. If it’s three within 10, then it’ll kick your eligibility out five years.
The other reasons why your license would be suspended would be that you have unpaid traffic tickets, that you have failed to appear to court, you have child support payments that you failed to pay. Those would be the other reasons why our license would be suspended. If you do get a driving license suspended, it’s two points on your record and those two points will be on your record for two years, which means your insurance will go up for those two years. In order to avoid all of this, my goal would be trying to get it reduced down to allowing an unlicensed person to drive. If we get it reduced down to allowing an unlicensed person to drive, that’s a zero point offense. It’s not abstracted the secretary of State.
So they will not find out about it. And if you are revoked because of multiple drunk drivings, we can start your appeal process right away instead of having to wait. First thing I’m going to do is I’m going to have a pretrial with a prosecutor. I go into the prosecutor and I say, look, this guy’s hired me to get his license back. Then typically they’ll give me the reduction of allowing an unlicensed person to drive.
Some courts, if they’re unwilling to give me a allowing an unlicensed person to drive, They may require that you have started the process to get your license back, meaning that you’ve got an assessment done. Some courts even require that we’ve applied to get your license back. And some courts even require that you get your license back. If a court requires that you get your license back, it’s going to be roughly around six to eight months before we’re going to be able to get that license back, which means we’ll want to start the process sooner rather than later to get your license back because it is quite a long process to get that done.
Even if we run the hearing and win the hearing, then it usually takes around 30 to 45 days to get results from that hearing. With the sanctions, the sanctions on a driving license suspended first offense can be up to 93 days in jail and fines and costs. On a second offense, it can be up to one year in jail with license sanctions and or vehicle immobilization. The more driving license suspended you get, the more likely you’re going to do jail. Typically, if you have less than a handful of driving license suspended, you’re not going to do any jail. You’re just going to be paying fines and costs.
If it’s more than a handful, the likelihood you’re going to do jail increases significantly with each new driving license suspended ticket you get. I can think of one judge in particular. If you have more than five, she typically does a week in jail. But most judges don’t do jail even with multiple ones. But it does increase your likelihood that you will do jail.
When working with me, my main objective is to keep you out of jail and that’s typically what I accomplish. If you have any questions, you can call me, text me, email me, and I’ll respond as soon as possible.
This is attorney Mark Caldwell and I’m here to discuss with you your options if you’re charged with a traffic offense. Now there’s misdemeanor and there’s civil infraction traffic offenses. The typical misdemeanor traffic offense that I represent would be a driving while licensed suspended. The typical civil infraction offense would be a speeding ticket.
Now with the driving while licensed suspended, usually someone’s suspended because they have two drunk drivings within seven years or they have three drunk drivings within 10. If that’s the case with you, and you want to get your license back, then I have to get that charge reduced to a zero point non abstracted offense, which would be allowing an unlicensed person to drive.
If I cannot get that reduced, then it kicks out your eligibility to get your license by one year or five years, depending on how many drunk drivings you’ve had. And usually a prosecutor is willing to give me the reduction if I tell the prosecutor that you’ve hired me to get your license back. And if that’s the case and we get the reduction to allowing an unlicensed person to drive there’s typically no probation involved with that. No jail, it’s just a $200 fine.
If it is a speeding ticket, then the goal would be trying to get the ticket reduced down whatever point, So it’s a four point speeding ticket, the goal would be trying to get zero to two points. If it’s a two point speeding ticket, the goal would be to try to get it to zero points. Zero point civil infraction that I really like to get it down to would be impeding traffic. That’s zero points, like I just said, and it’s not sent over to the Secretary of State. It’s not abstracted, so your insurance will never find out about it. And unless there’s an accident, if there’s an accident and you make a claim, then your insurance will find out about it and your insurance will go up.
Understanding the Differences Between Driving While License Suspended (DWLS) and Driving While License Revoked (DWLR) in Michigan
If you are facing a charge for Driving While License Suspended (DWLS) or Driving While License Revoked (DWLR) in Michigan, it is crucial to understand the difference between the two. While these terms are often used interchangeably, they are distinct legal issues with different implications and penalties.
What Does a License Suspension Mean?
A driver’s license suspension is a temporary measure where the Michigan Secretary of State (SOS) restricts an individual’s driving privileges for a specific period. Common reasons for a license suspension include:
- Failure to pay traffic tickets or court-imposed fines.
- Failing to comply with child support obligations.
- Accumulating excessive points from traffic violations within a short period.
- Being convicted of serious offenses like Operating While Intoxicated (OWI).
The key characteristic of a suspension is its temporary nature. Once the suspension period ends, your license is typically reinstated automatically, provided you have met all associated requirements, such as paying fines or completing mandated programs. The reinstatement process is generally straightforward, but you must ensure all outstanding obligations are resolved.
What Does a License Revocation Mean?
A driver’s license revocation, on the other hand, is more severe. This occurs when the Michigan SOS terminates your driving privileges indefinitely. A revocation often results from more serious infractions, such as:
- Multiple OWI offenses.
- Repeated serious traffic law violations.
- Committing crimes involving vehicles or endangering public safety.
Unlike a suspension, a revocation does not have a set end date. Once the revocation period is over, your license is not reinstated automatically. Instead, you must petition the SOS for a hearing. This process involves proving that you are now a safe and responsible driver. The hearing process can be time-consuming and complex, requiring specific evidence to meet the state’s standards.
Key Legal Differences Between DWLS and DWLR
While both DWLS and DWLR involve driving without valid driving privileges, the legal distinctions are significant:
- DWLS applies to cases where your license is still intact but temporarily invalid due to a suspension.
- DWLR pertains to cases where your license has been permanently terminated, and your driving privileges do not exist until reinstated by the state.
Both offenses are treated as misdemeanors in Michigan; however, the associated penalties differ considerably.
Penalties for DWLS and DWLR
The consequences for driving on a suspended or revoked license depend on the charge:
- DWLS Penalties (First Offense):
- Fines ranging from $100 to $300.
- Up to 93 days in jail.
- Additional court costs, which may vary based on the jurisdiction.
- DWLR Penalties (First Offense):
- Fines ranging from $500 to $5,000.
- Jail time, with a higher likelihood of incarceration compared to a DWLS charge.
- The potential for harsher penalties if the revocation resulted from offenses like OWI.
Subsequent offenses in either category can elevate penalties, including increased jail time and costs. Additionally, both charges may lead to extended license suspensions or further delays in your eligibility for reinstatement.
Why Understanding the Difference Matters
Knowing whether your license is suspended or revoked is essential because the steps to resolve each situation differ greatly. If your license is suspended, fulfilling financial obligations and waiting out the suspension period may be enough to regain your driving privileges. However, if your license is revoked, you must undergo the SOS hearing process, which demands preparation and evidence of rehabilitation.
Understanding these distinctions ensures that you can address the charges appropriately and take the necessary steps toward resolving your case. If you are charged with DWLS or DWLR, consulting with a knowledgeable attorney can greatly improve your chances of minimizing penalties and restoring your driving privileges.
Penalties for DWLS in Michigan
The penalties for a DWLS conviction depend on the specific circumstances of the case and whether it’s a first or subsequent offense.
For a first offense, the charge is a misdemeanor, carrying a possible jail term of up to 93 days, fines of up to $500, and the addition of two points to your driving record. Your vehicle registration plates may also be canceled.
A second or subsequent offense can lead to more severe consequences, including up to one year in jail, a fine of up to $1,000, and additional driving record points and license sanctions. Authorities may also confiscate your license plates and immobilize your vehicle.
DWLS offenses tied to more severe outcomes, such as injury or death, are treated as felonies. If someone is seriously injured due to your driving on a suspended license, you could face up to five years in prison and fines ranging from $1,000 to $5,000. If someone dies as a result, the penalties can escalate to 15 years in prison and fines between $2,500 and $10,000, along with a mandatory license revocation and significant driving record penalties.
How Do You Resolve a Suspended License in Michigan?
Restoring a suspended license in Michigan requires you to follow a systematic process. While the steps may vary based on the reason for suspension, the core process is outlined below:
1. Understand the Cause of Your Suspension
Identify why your license was suspended by reviewing any notices sent to you by the Michigan Secretary of State (SOS) or the courts. Common reasons could include unpaid fines, OWI penalties, or failure to meet insurance requirements. Understanding the root cause helps you address the issue effectively.
2. Fulfill All Necessary Requirements
If your suspension involved a court-ordered action, ensure you complete all obligations before attempting to reinstate your license. These obligations might include:
- Paying outstanding fines or fees.
- Completing a driver improvement course or traffic school.
- Enrolling in and completing a substance abuse treatment program, if applicable.
3. Pay the Reinstatement Fee
Once the suspension period has ended, visit a Michigan Secretary of State office to pay the required reinstatement fee. The typical fee is $125, but it can vary depending on the offense. Be prepared to provide any additional documentation if requested.
4. Attend a Hearing if Necessary
For more serious offenses, such as suspensions related to DUIs or multiple OWIs, you may need to request a hearing with the Office of Hearings and Administrative Oversight (OHAO). At the hearing, you’ll need to demonstrate your eligibility to have your driving privileges restored. This might include presenting evidence of rehabilitation or completion of required programs.
5. Seek Legal Assistance if Needed
If the reinstatement process feels overwhelming or if your case involves complex legal issues, consider consulting an experienced Michigan driver’s license restoration attorney. Legal guidance can make the process smoother and improve your chances of success.
Different Types of License Suspensions
Definite Suspension
A definite suspension has a specific start and end date. After the suspension period has ended, and once any applicable requirements are met, your driving privileges are typically restored.
Example: A driver may face a 30-day suspension for accruing too many points on their license within a set timeframe.
Indefinite Suspension
An indefinite suspension remains in effect until you fulfill specific conditions set by the state. Unlike a definite suspension, this type does not have an automatic reinstatement timeframe.
Example: Your license may remain suspended until you pay outstanding fines, comply with child support obligations, or provide proof of insurance.
Driving with a Suspended License
Driving while your license is suspended is against the law in Michigan and carries serious consequences.
Repeat offenses can lead to harsher penalties, including more severe fines, longer jail sentences, and possible revocation of your driving privileges.
Common Reasons for License Suspension
Licenses can be suspended for a variety of reasons, including but not limited to:
- Accumulating points for reckless driving, speeding, or refusing a chemical test.
- Alcohol-related offenses, such as Operating While Intoxicated (OWI).
- Violations of driver’s license restrictions, suspensions, or revocations.
Important Update:
As of October 1, 2021, Michigan no longer suspends driver’s licenses for non-driving-related issues, such as missing court dates or failing to pay certain fees. This change aims to ensure that only driving safety issues impact your ability to drive.
Key Takeaways:
- Understand the type of suspension: Determine if your license is under a definite or indefinite suspension, as the steps to fix each are different.
- Meet all obligations: Fulfill court-ordered actions, like paying fines or attending educational programs, before seeking reinstatement.
- Contact the SOS: Once eligible, start the reinstatement process by contacting the Secretary of State’s office and paying any fees.
- Prepare for hearings if required: For serious infractions, be ready to attend a formal hearing and provide evidence of your fitness to drive again.
- Get legal support: Don’t hesitate to seek legal advice if you’re unsure how to proceed or face complications in your case.
With a clear understanding of the cause of your suspension and a plan to meet the relevant requirements, you’ll be on the path to regaining your driving privileges in Michigan.
Consequences Beyond Penalties
A DWLS conviction can have long-term repercussions. Insurance companies typically increase premiums for drivers with DWLS violations, making auto insurance unaffordable for some individuals. Additionally, your license may remain suspended indefinitely if you’re unable to pay fines or reinstatement fees.
Defenses Against DWLS Charges
There are several possible defenses against DWLS charges, depending on the specifics of your case. These include demonstrating that:
Prosecutors are obligated to prove all elements of the charge beyond a reasonable doubt, and opportunities for challenge could be found in the evidence they present.
How an Attorney Can Help
Hiring an experienced attorney is critical when facing DWLS charges. A skilled lawyer can evaluate the evidence, identify any procedural errors, and negotiate with prosecutors to seek reduced or dismissed charges. For instance, DWLS charges can sometimes be downgraded to offenses like “Allowing an unlicensed person to drive” or “No Operator’s License on Person” (commonly referred to as “No Ops”), which carry fewer penalties and no impact on your license status.
Attorneys can also argue for alternatives to jail time if harsher penalties are on the table, especially for repeat offenses. Legal professionals know how to present compelling arguments to judges and prosecutors, emphasizing rehabilitation and mitigating circumstances.
Moving Forward
Driving while your license is suspended or revoked in Michigan can lead to costly and stressful consequences. If you’ve been charged, it’s important to take your situation seriously, as DWLS is treated as a criminal offense with both short-term and long-term ramifications. Seeking the advice of a qualified attorney is a crucial step to protecting your rights, minimizing penalties, and working toward a resolution.