Mandatory License Suspensions

Your ticket may cause a mandatory license suspension. Know the license action you face before you go to Court. Mandatory license suspensions that 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's 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 that have mandatory Secretary of State Suspensions include the following:

Offense

Points

Mandatory License Action

Hardship Appeal

Reckless Driving

6

90-day suspension (For First Offense)

N

Admin Denied/Revoked (for Second w/7 years)

N

Flee & Elude First/Second

6

Revocation

N

(If second w/7 years — impose @ sentencing)

N

Flee & Elude Third/ Fourth

6

One-Year Suspension

N

(If second w/7 years — impose @ sentencing)

N

Flee & Elude (prior to 6/1/97)

6

One-year suspension, or revoke if seco2nd w/7 years

Y

Unlawfully Drive Away Auto(UDAA)

6

One- Year Suspension

N

(If seco2nd w/7 years — Revoke)

N

Fail To Stop & ID / PI Acc

6

90- day suspension

N

(+Death/Serious Injury)

(One- Year Suspension)

N

(same)

(If second w/7 years — Revoke)

N

Open Intoxicants in Vehicle

2

First Offense — None

N

Second Offense w/7 years — 30 susp/60 rest

N

Third Offense 60 susp/305 rest

N

Drive W/Lic Suspended
(Financial Resp or other)

2

MCL 257.904(8)(9)
(E.g., like term suspension)

Y

Drive w/Lic Suspended

2

30 days as appropriate

Y

Refuse To Take Breathalyzer

0

1First Offense —- 6 months

Y

Second w/7 years — 1 year

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.