How Restrictions, Suspensions and Revocations Affect Your Chances at Driver’s License Restoration
Saturday, April 17th, 2010The differences between restrictions, suspensions and revocations are important to understand.
A restricted driver’s license limits driving privileges. A suspension is a temporary loss of a driver’s license for a defined period of time. A permanent loss of driving priveleges is a revocation.
The Secretary of State can restrict, suspend or revoke driver’s licenses for a variety of reasons. Two very common causes are:
- Multiple DUI convictions (also known as a habitual offender). Driver’s licenses are suspended for one year after two DUI convictions within seven years. Licenses are suspended for five years after three DUI convictions. A person who has a revoked license because of multiple DUI convictions must wait until the revocation period ends before seeking a hearing to restore her license.
- Refusal to take a chemical test after an arrest for DUI (also referred to as implied consent). This results in a 1 year suspension for the first refusal and a two year suspension for a second refusal within 7 years. You can only appeal first refusals to circuit court on a hardship basis in Michigan.
Other reasons include:
- Too many points as a result of multiple traffic tickets.
- Probationary driver violations. This may occur when a probationary driver incurs either traffic accidents or traffic tickets.
- Restricted license violations. This happens when a person drives outside of their restrictions. For example, if a person is restricted to driving only to and from work and the person is caught driving somewhere outside of work, this would constitute a violation.
- Mental/physical disability because a person is unable to drive safely.
- Out-of-state convictions for drunk driving or similar offenses.
- Operating a vehicle with a suspended/revoked license.
- Too many auto accidents.
Importantly, suspension and revocations are treated differently when it comes to hardship appeals in the circuit court. The hardship appeal permits the petitioner to request a restricted license so that, for example, he or she may drive to and from work. Suspensions can be appealed on hardship grounds to the circuit court.
Revocations are a different issue. Revocations from arrests before October 1, 1999 are appealable to the circuit court; revocations after that date are not appealable. In other words, an arrest for driving while license revoked after October 1, 1999 is not appealable on hardship grounds – one must wait out the revocation period and then seek a driver’s license.
There are important distinctions between revocations than suspensions. There are more options for relief with a suspension than a revocation. Get the assistance of a driver’s license restoration attorney in determining your best course of action.
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