Your ticket may cause a mandatory license suspension. Know the license action you face before you go to Court. Mandatory license suspensions which you may face can include many of the following:
- Mandatory Secretary of State Suspensions - see the table below
- Mandatory Drunk Driving Suspensions - see the table below
Mandatory Secretary of State Suspensions
Certain traffic offenses have mandatory driver license actions which take effect upon conviction and abstract to your record. Such action can be taken automatically by the Secretary of State. The Court has no discretion in these types of cases. The resulting suspension / revocation may include no hardship appeal, or you may be allowed to Petition the Circuit Court for a restricted license. Examples of various offenses which have mandatory Secretary of State Suspensions include the following:
|
Offense |
Points |
Mandatory License Action |
Hardship Appeal |
|
Reckless Driving |
6 |
90 day suspension (For 1st Offense) |
N |
|
Admin Denied/Revoked (for 2nd w/7 yrs) |
N | ||
|
Flee & Elude 1st / 2nd |
6 |
Revocation |
N |
|
(If 2nd w/7yrs - impose @ sentencing) |
N | ||
|
Flee & Elude 3rd / 4th |
6 |
One Year Suspension |
N |
|
(If 2nd w/7yrs - impose @ sentencing) |
N | ||
|
Flee & Elude (prior to 6/1/97) |
6 |
One yr suspension, or revoke if 2nd w/7yrs |
Y |
|
Unlawfully Drive Away Auto(UDAA) |
6 |
One Year Suspension |
N |
|
(If 2nd w/7yrs - Revoke) |
N | ||
|
Fail To Stop & ID / PI Acc |
6 |
90 day suspension |
N |
|
(+Death/Serious Injury) |
(One Year Suspension) |
N | |
|
(same) |
(If 2nd w/7yrs - Revoke) |
N | |
|
Open Intoxicants in Vehicle |
2 |
1st Offense - None |
N |
|
2nd Offense w/7yrs - 30 susp/60 rest |
N | ||
|
3rd Offense 60 susp/305 rest |
N | ||
|
Drive W/Lic Suspended |
2 |
MCL 257.904(8)(9) |
Y |
|
Drive w/Lic Suspended |
2 |
30 days as appropriate |
Y |
|
Refuse To Take Breathalyzer |
0 |
1st Offense - 6 months |
Y |
|
2nd w/7yrs - 1 yr |
N |
Mandatory Drunk Driving Suspensions
Suspensions for Drinking and Driving Offenses are also mandatory. Your Court will have no discretion in imposing these sanctions, and there is no hardship appeal. A summary of the more common and some other drinking offenses, they are:
|
Offense |
Points |
License Suspension |
|
OWI (Impaired) |
4 |
90 days restricted license |
|
OWI (Intoxicated) |
6 |
30 days NO LICENSE followed by 150 days restricted license |
|
OWI (Impaired) 2nd |
4 |
1-year revoked |
|
OWI (Intoxicated) 2nd |
6 |
1-year revoked |
|
OWI (Impaired) 3rd |
4 |
5-year revoked |
|
OWI (Intoxicated) 3rd |
6 |
5-year revoked |
|
Zero Tolerance |
4 |
30 days restricted |
|
Zero Tolerance Second Offense |
4 |
90 days or 1-year |
|
Child Endangerment |
6 |
90 days revoked; 90 days restricted |
|
Child Endangerment Second Offense |
6 |
1-year revocation |
|
CDL .04 or higher |
0 |
CDL Susp 1-year; oper 90 day restricted; Hazard 3-year suspended |
|
CDL .04 or higher Second Offense |
0 |
CDL Revoked 10 years, oper revoked 1-year |
|
CDL .04 or higher Third Offense |
0 |
CDL Revoked for life; oper revoked 1-year |
Don't let a mandatory suspension be a surprise to you! Knowing the penalties you face and having an experienced attorney is your BEST DEFENSE to mandatory license sanctions.
