Suspended – Revoked License in Michigan

(SEE BELOW FOR COMMERCIAL DRIVER LICENSE (CDL) INFORMATION)

There is a difference between having your Michigan driver’s license suspended and having it revoked.

• A suspension means you cannot drive for a certain period of time, but can get your license back later.
• A revocation of your license means your driver’s license is cancelled, and you will need to submit to an investigation before you can obtain another license. You generally have to wait 1 year to 5 years before you can request a hearing to restore your driving eligibility.

Insurance companies keep a close watch on license suspensions / revocations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums. It is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice. Additionally, you will face Heavy Fines and Reinstatement Fees, and Points on your driver’s license! All this information can be found on our website. You could also contact a Ticket Counsel absolutely FREE!!!

There are a variety of reasons why your Michigan driver’s license might be suspended. Some of these are related to specific driving violations, while others may be due to violation of other State laws. The following are some of the most common reasons for a Michigan driver’s license to be suspended or revoked.

• Excessive Moving Violations: The state of Michigan operates on a point system, in which drivers accumulate points on their license for every moving violation they commit. If you accumulate 12 or more points on your current driver record, your license will be suspended.
• Driving Under the Influence: Your Michigan driver’s license will be suspended if you are found guilty of driving under the influence of alcohol or drugs. The length of the suspension depends on the severity of the violation and whether it is a first or repeat offense. Refusing to take a BAC test will result in your license being suspended for 1 year. If you refuse a BAC test again within 7 years, your license will be suspended for 2 years. A first time DUI will result in a 6 month suspension and you will not be able to apply for a restricted license for the 1st month. However, if you are found with a BAC of 0.17% or more, your license will be suspended for 1 year. A second time offense within 7 years will result in a year’s suspension with no chance of a restricted license for the first 6 months.
• Driving with a Suspended License or No License: Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to 5 years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.
• Driving without Insurance: All motor vehicles driven in Michigan must be properly insured. Failure to provide proof of valid auto insurance can result in your license being suspended.
• Other Driving-Related Violations: Your Michigan driver’s license may also be suspended if you engage in reckless driving, are found to be at fault in a fatal accident, or if you abandon your vehicle on a public highway.
• Physical or Psychological Disqualification: The Secretary of State can order a re-examination of any person who may not be fit to drive. An individual’s driving privileges may be suspended if the re-examination finds they are physically or psychologically unable to drive safely.
• Non-Driving Reasons for License Suspension: A variety of non-driving violations or issues can result in your license being suspended. These include: not responding to a Secretary of State notice or not appearing in court; failing to pay traffic tickets, fines or surcharges; and not paying child support.
• Joyriding: If you have no prior convictions within 7 years a first time offense will see your license being suspended for 90 days. If you have a prior conviction or more within 7 years, the suspension period is 1 year.
• Stealing Motor Vehicle Gas: A first offense will result in a 180-day suspension. Subsequent offenses will see your license being suspended for a year.
• Fake Change of Address: A first offense will result in a 180-day suspension. Subsequent offenses will see your license being suspended for a year.
• For Making a Fake School Bomb Threat: Your license will be suspended for 1 year if you are guilty of this.
• Mandatory Suspensions: Your license will be suspended for 1 year for changing or falsifying a vehicle document, using a motor vehicle for a crime, evading/fleeing from a police officer. Your license will be suspended for 90 days for leaving the scene of an accident where there has been a serious injury without giving aid, reckless driving, malicious destruction, failing to use caution in a construction zone, causing the death of a construction worker and using ID unlawfully if under 21.

The Michigan SOS provides a full list of suspension-causing offenses. For more information about the duration and other reasons for suspensions, please contact the Michigan DMV: By phone: (888) 767-6424 or Online using the MI SOS comment form.

NOTE: If you were convicted of a crime, you may face court requirements and fines in addition to your Michigan DMV suspension requirements.

Having your Michigan driver’s license suspended is a serious matter and it is essential to adhere to State law in the event that your license is suspended. If you believe your license may be suspended due to one of the reasons listed above it is prudent to speak with a traffic ticket lawyer or a DUI-DWI lawyer. The most important things to be aware of following a license suspension are:

• If your license has not already been taken away from you in court, you must surrender it to the Michigan Secretary of State. You can surrender your license in person at a Secretary of State office, or mail it to: Michigan Department of State, Lansing, MI 48918
• While your license is suspended, you are not permitted to drive. If you are found driving with a suspended license, you may be imprisoned for up to 5 years, and the length of your suspension may be increased.
• After your suspension is over, you will receive a written notice of restoration, with instructions on how to restore your license. Do not drive until you have completed the necessary steps and received a valid, replacement license from the Michigan SOS.

If your license has been suspended you may apply for a restricted license that permits you to drive to work, school or to receive medical treatment. (See below.)

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate. If you accumulate too many, within 2 years, the MI SOS will:

• Send you a warning letter: After 4 points.
• Send you a final warning letter: After 8 points.
• Require you to take a driver re-examination and possibly suspend your license: After 12 points.

If you receive a notice of suspension from the SOS, and you wish to challenge the suspension, you may request a hearing in court. Many administrative hearings must be requested within 14 days of your arrest/suspension. Fill in the Request for Driver License Appeal Hearing form (SOS-257/258) and Complete the Substance Use Evaluation section, if applicable. Then submit your request by fax it to (517) 335-2190 or (517) 335-2189 or mail it to:

Driver Assessment and Appeal Division

P.O. Box 30196

Lansing, MI 48909-7696

An administrative law judge or the SOS representative will hear your case, and determine whether your driver’s license should be suspended or not. In addition, drivers whose license may be suspended due to accumulating excessive points may be eligible to enroll in a Driver Improvement Program. Completing a Driver Improvement Program can enable an individual to avoid having his license suspended. It is also a good idea to seek the advice of a traffic ticket lawyer or a DUI-DWI lawyer, based on the reason for the suspension. NOTE: Administrative hearings have no effect on court decisions.

You will receive a notice from the SOS after you have completed your suspension period. The notice will include complete instructions regarding how to get your license back. Generally, you will need to:

• Pay a restoration fee of $125. The fee can be paid in person at a Secretary of State office. You can also mail a check or money order payable to:

Michigan Department of State

Distributed Services Unit

Lansing, Michigan 48918

• You will need to fill in an Application for Driver’s License Reinstatement Fee form and send it along with your check.
• If your license was suspended due to becoming a Habitual Alcohol Offender, you will need to appeal to the Driver Assessment and Appeal Division using the procedure given above. You will need to prove that your alcohol/drug abuse is under control and will remain this way. You will also have to establish that you have a low risk of repeating such behavior and that you will comply with driving rules and regulations in the future. After the hearing, a restricted license or a driving license with no restrictions may be returned to you.
• Apply for a standard license renewal to obtain a new license.

Note that after you license is restored, you may be subject to a probation period of 1 year, during which time any new violations may result in an additional suspension of your Michigan driver’s license.

Your driver’s license reinstatement fees will vary depending on the reason for your suspension. Below are some general MI SOS reinstatement fees that may apply to your situation:

• Standard driver’s license reinstatement fee: $125.
• Insurance law violation suspension reinstatements: $25 to $50.
• Failure to appear/failure to comply suspension reinstatement fee: $45.

For more information on specific fees that relate to you, contact the Michigan DMV.

Acceptable Forms of Payment

The Michigan Secretary of State (SOS) accepts the following forms of payment:

• In person: Cash, Check, Money order, Discover, MasterCard, and VISA credit/debit cards.
• By mail: Check, Money order, Discover, MasterCard, and VISA credit/debit cards.

* Checks and money orders must be made payable to “State of Michigan.”

CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. You must report to your employer within 30 days any traffic violation convictions, by the end of the next day after receiving a suspension/disqualification notice, and within 24 hours of any out-of-service order.

All vehicles fall under this law, including your own car or motorcycle. As such, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles.

As a holder of a commercial driver’s license you face harsher consequences, which could jeopardize your income and, ultimately, your career. Your CDL and commercial driving privileges are subject to Michigan state and federal regulations. The Federal Motor Carrier Safety Administration (FMCSA) provides a detailed list of offenses that could disqualify your driving privileges, along with penalties. Some of which include:

• 1 year for a 1st violation of any major offense, including the following:
  • Any alcohol/DUI (BAC of 0.04% or higher) or drug-related
  • Refusing to submit to a chemical test.
  • Committing a hit and run.
  • Leaving an accident scene.
  • Speeding and reckless driving.
  • Violating out-of-service orders.
  • Committing a felony with your commercial vehicle.
• 3 years for your 1st violation any major offense while carrying hazardous materials.
• A lifetime for your 2nd violation of a major offense.
• 60 to 120 days for multiple serious traffic violations within 3 years.
• 60 to 120 days for railroad highway grade crossing violations.

You can also be placed out of service for 24 hours if you:

• Refuse a BAC/preliminary breath test.
• Drink alcohol within 4 hours of driving a commercial vehicle.
• Consume any alcohol while operating a commercial vehicle.

Convictions, license suspensions, and revocations will show up on your 3-year and 5-year driving records. You may be able to dismiss traffic tickets and remove points from your driving record by completing an online defensive driving course. Because your driving record can affect your auto insurance rates and even your employment, it’s crucial that you make sure your information is accurate. If you accumulate too many, within 2 years, the MI SOS will:

• Send you a warning letter: After 4 points.
• Send you a final warning letter: After 8 points.
• Require you to take a driver re-examination and possibly suspend your license: After 12 points.

If you want to contest your suspension/disqualification, you can request a Michigan Secretary of State administrative hearing. NOTE: Michigan DMV administrative hearings have no effect on court decisions. To request a hearing:

• Complete a Request for Hearing (Form SOS-257/258).
• Complete the Substance Use Evaluation section, if applicable.

Submit your request by fax to: (517) 335-2190 or (517) 335-2189, or by mail to:

Michigan Department of State
Driver Assessment & Appeal Division

P.O. Box 30196

Lansing, MI 48090-7696

NOTE: Generally, administrative hearings must be requested within 14 days of your arrest/suspension.

The requirements to reinstate your CDL in Michigan will vary depending on the reason for your disqualification and whether your non-commercial driving privileges have also been suspended/ revoked. To reinstate your suspended license/disqualified CDL, you may need to:

• Complete an Application for Driver’s License Reinstatement.
• Provide any supporting documents.
• Retake the CDL driving skills and knowledge test, if necessary.
• Pay the reinstatement fee. (See “Fees to Reinstate Your Suspended CDL” below.)

You can submit your reinstatement forms and fees:

• By mail to the address on the form.
• In person at your local Michigan DMV office. You’ll also need to provide:
  • Proof of your identity, such as: your Photo ID, U.S. passport, U.S. military ID, or Social Security number (SSN).
  • Proof of your legal U.S. presence, such as: your Birth certificate, U.S. passport, Certificate of U.S. citizenship.
  • Proof of your Michigan address.
• For a complete list of acceptable documents, please see the Michigan SOS website.

Your CDL reinstatement fees will vary depending on the reason for your disqualified CDL/suspended license. Included below are some general MI SOS reinstatement fees that may apply to your situation:

• Standard driver’s license reinstatement fee: $125.
• Insurance law violation reinstatements: $25 to $50.
• Failure to appear/failure to comply reinstatement fee: $45.

For specific fees relating to your suspended CDL, contact the Michigan DMV.

Acceptable Forms of Payment

The Michigan Secretary of State (SOS) accepts the following forms of payment:

• In person: Cash, Check, Money order, VISA, MasterCard, and Discover credit/debit cards.
• By mail: Check, Money order, VISA, MasterCard, and Discover credit/debit cards.

* Checks and money orders must be made payable to “State of Michigan.”