newtaxblog.com

The 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). Your driver's license is suspended for 1 year after 2 DUI convictions within 7 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 requesting a hearing to restore her license.

• Refusal to take a chemical test after an arrest for DUI (also known 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.  Only first refusals are appealable to the circuit court on a hardship basis in Michigan.

Other reasons include:

1. Too many points as a result of multiple traffic tickets.
2. Probationary driver violations. This may occur when a probationary driver incurs either traffic accidents or traffic tickets.
3. Restricted license violations. This occurs 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 to a party, this would constitute a violation.
4. Mental/physical disability because a person is unable to drive safely.
5. Out-of-state convictions for drunk driving or similar offenses.
6. Driving with a suspended/revoked license.
7. Too many automobile accidents.

Significantly, suspension and revocations are treated differently when it comes to hardship appeals in the circuit court. The hardship appeal allows the petitioner to request a restricted license so that, for example, he or she may drive to and from a place of employment. Suspensions are appealable on hardship grounds to the circuit court.

Revocations are a different story.  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.

Thus, the distinctions between revocations and suspensions are important.  There are more options for relief with a suspension than a revocation.  Get the assistance of a driver's license reinstatement attorney in determining your best course of action.

Tags: attorney, driver's license, law, lawyer, legal, license restoration, license revocation, license suspension