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 impaired driving, or being deemed medically unfit to drive.
Typically someone will call me and say that they’ve been sober for 20 years and they’re irritated that the process is what the process is, but it is what it is – just have to deal with it. At least you have someone knowledgeable that’s done hundreds of these that can guide you through it and get your license back.
Typically, it takes about from the date I’m hired to the date we actually get the notice from the Secretary of State that we run the hearing. On average, it typically takes around 5 to 6 months.
The things you need to prepare for your driver’s license restoration would be typically a getting a copy of your driving record, and possibly getting a criminal history, because those questions will be brought up at the hearing.
And then having a group of friends and family, a lot of people have difficulties finding 5 to 10 individuals that will draft letters. However, if we don’t have those letters, we’re going to lose the hearing. The letters are very important. They’re basically your witnesses, to your sobriety and without those witnesses, we won’t win your hearing.
The person that does my assessments, is somebody that’s been doing it more than anyone else in West Michigan. And she’s been doing my assessments for almost 20 years now, and she does all the other top attorneys assessments.
She’s much better. She’s more thorough. The other assessors kind of just rush through it. They just fill out the form which is required by the Secretary of State. They don’t take the additional time to draft the narrative and to get to really know you. And she does,
I am different than other attorneys because I have a lot more experience than most other attorneys do. Some attorneys do a little bit of this on the side. I do mostly drunk driving and driver’s license restorations. And those two go hand in hand. So you’re getting somebody that specializes in it instead of somebody that does a couple of them on the side.
I would say the most important component of a driver’s license restoration is the ability to take direction. Because I’m going to give you two mock interviews. And if you can’t take direction and learn from the mock interviews, then we’re probably not going to be successful.
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.
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.
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 “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.