Driving after a DUI in Michigan: the Restricted license

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

Applies only to a chemical test refusal (implied consent); there is no administrative suspension or hearing for a test failure. The officer's report of Refusal to Submit to Chemical Test (DI-93) contains the Notice of Suspension and a driver's copy 'Request for Hearing'. The Department of State's IC Request for Hearing form states the request must be postmarked or submitted electronically within 14 days of receipt of the officer's report, or the license, vehicle group designation or operating privilege will be suspended; it requires an original signature, is mailed to the Office of Hearings and Administrative Oversight, P.O. Box 30196, Lansing, MI 48909-7696, or submitted electronically through the Driver Appeal Integrated System (DAIS). MCL 257.625f(1): if no hearing is requested within 14 days after the date of notice, the Secretary of State suspends the license for 1 year (2 years for

“This request for hearing must be postmarked or submitted electronically within 14 days of the receipt of the officer's report of Refusal to Submit a Chemical Test containing the Notice of Suspension”

Who can get it, and how soon

For a first conviction under MCL 257.625(1)(a) or (b) (OWI, 0.08 or more) with no prior conviction within 7 years, the Secretary of State suspends the license for 180 days and 'may issue the individual a restricted license during a specified portion of the suspension', but not during the first 30 days; for a first high-BAC conviction (0.17 or more, § 625(1)(c)) the suspension is 1 year, no restricted license may issue during the first 45 days, and the restricted license requires an approved ignition interlock device. For an implied consent refusal (1-year suspension), only the circuit court may order a restricted license on review under MCL 257.323c, and not if the person had a § 625f suspension within the preceding 7 years or over 24 points in the preceding 2 years. No restricted license may permit operating a commercial motor vehicle.

“The secretary of state may issue the individual a restricted license during a specified portion of the suspension, except that the secretary of state shall not issue a restricted license during the first 30 days of suspension.”

Michigan imposes no administrative per se suspension for a test failure: the officer destroys the license and issues a DI-177 temporary driving permit that is used 'until the criminal charges against you are dismissed or until you are acquitted, or your license or permit is suspended, restricted, or revoked for a conviction' (MCL 257.625g(3)). The 30-day period runs from the start of the 180-day suspension imposed on a first OWI conviction (MCL 257.319(8)(a)); for a first high-BAC (0.17+) conviction the period is the first 45 days of a 1-year suspension and the restricted license requires a BAIID (§ 319(8)(g)-(h)); for a first impaired-driving conviction (§ 625(3)) the 90-day suspension allows a restricted license 'during all or a specified portion of the suspension' (no waiting period stated). Refusal: if no hearing is requested within 14 days, or the driver does not prevail, the licens

“For 180 days for a violation of section 625(1) or (8) before October 31, 2010 or, beginning October 31, 2010, section 625(1)(a) or (b) or (8) if the individual has no prior convictions within 7 years.”

Conditions attached to the privilege

MCL 257.319(14): no restricted license unless one is authorized under the section and 'the individual is otherwise eligible for a license'; (15): no restricted license permitting operation of a commercial motor vehicle; (17): while driving on a restricted license the individual must carry proof of destination and the hours of any employment, class or other reason for traveling and display it on a peace officer's request. Interlock: required only for the high-BAC (0.17 or more) restricted license under § 319(8)(h), which may be removed after the provider verifies no readings of 0.025 g/210 L or more. Circuit-court restricted license after a refusal (MCL 257.323c): the person must state under oath, and the court must find, that the person cannot take public transportation to work, treatment or school and has no family member or other person able to provide transportation; the order and lic

“While driving with a restricted license, the individual shall carry proof of his or her destination and the hours of any employment, class, or other reason for traveling and shall display that proof on a peace officer's request.”

Where and when it allows driving

MCL 257.319(16): in the course of the individual's employment or occupation, and to and from any combination of the residence, work location, a court-ordered alcohol or drug education or treatment program, the court probation department, a court-ordered community service program, an educational institution at which the individual is enrolled, a place of regularly occurring medical treatment for a serious condition of the individual or a household or immediate family member, and an ignition interlock service provider as required; the license must also permit any driving skills test the Secretary of State requires. The circuit-court license after a refusal (MCL 257.323c) lists residence-to-work, employment, court-ordered education/treatment, probation department, community service and educational institution travel, with approved routes and times stated on the license.

“(a) In the course of the individual's employment or occupation. (b) To and from any combination of the following: (i) The individual's residence. (ii) The individual's work location. (iii) An alcohol or drug education or treatment program as ordered by the court.”

How it is issued

A court or the licensing agency issues the Restricted license.

The statute: Mich. Comp. Laws § 257.319(8)

“The secretary of state may issue the individual a restricted license, except that the secretary of state shall not issue a restricted license during the first 45 days of suspension.”