Your Michigan license after an OWI: suspension, restriction, and revocation

Two separate decisions

A Michigan OWI case produces two separate sets of consequences:

• the court sentence (fine, jail, community service, probation), decided by the judge; and
• the license sanction, imposed by the Michigan Department of State after the court reports the conviction.

Until then, you drive on the paper temporary license the officer gave you. Under MCL 257.625g, if the case is prosecuted it stays valid until the charges are dismissed, you are acquitted, or your license is suspended, restricted, or revoked. A refusal is handled differently; see the 14-day hearing guide.

First-offense suspensions

MCL 257.319(8) sets these sanctions when there are no prior convictions within 7 years:

Restricted licenses

A restricted license lets you drive only for purposes the law allows, such as work or school, during set hours. The Department of State issues it; it is not automatic. For High BAC, the restricted license requires an approved ignition interlock on the vehicle.

Repeat offenses and revocation

MCL 257.303 requires the Department of State to revoke and deny a license for, among other things:

• 2 convictions within 7 years of OWI or OWVI type offenses, or
• 3 convictions within 10 years.

Under the same section, a revoked license is not reissued until at least 1 year has passed, or 5 years if there was another revocation within 7 years, and the person then has to prove at a license restoration hearing, by clear and convincing evidence, that they qualify. Those hearings are held by the Department of State's Office of Hearings and Administrative Oversight.

Sobriety court restricted licenses

MCL 257.304 creates a path for some repeat offenders. The Department of State must issue a restricted license to an eligible person whose license was suspended or revoked for repeat OWI or OWVI convictions once:

• the license has been suspended or revoked for 45 days, and
• the judge of a specialty court certifies that the person has been admitted into a specialty court interlock program and that an approved ignition interlock is installed on each vehicle the person owns or drives.

Ask the court handling your case whether it has a sobriety court and whether you may be eligible.

Out-of-state drivers

The Department of State acts on a nonresident's privilege to drive in Michigan. Your home state may act on your license when it learns of a Michigan conviction; ask its licensing agency.

Practical steps while your license is affected

• Keep the paper license or any notice the officer or the Department of State gave you, and read the dates on it.
• Do not drive on a suspended or revoked license. Driving while license suspended is a separate offense and can lengthen the sanction.
• If you get a restricted license, carry it and follow its limits exactly. It lists where and when you may drive.
• If an interlock is required, budget for installation, monthly service, and calibration visits.
• Keep your mailing address current with the Department of State, since that is where notices go.
• Before a revocation ends, ask how the restoration hearing works and what evidence it expects. The department's license restoration pages explain the process.

Checking your own record

Before you plan around a suspension, find out exactly what the Department of State has on file. You can order a copy of your driving record from the department, and its license restoration and hearing pages explain which sanctions require a hearing. Compare the dates on the record with the paperwork from court. If something does not match, ask the department or a lawyer before you drive.

A note on these rules

These are the rules in the statutes as of the date on this page. The details of your record decide which apply, and the legislature can change them. Confirm with the Department of State or a licensed attorney.