Types of License Suspensions

Defending yourself against license suspension begins with help from an attorney who can advise you on what sanctions apply in your case. This summary is only intended as a guide to give you an initial understanding of some of the rules that may apply in your case.

Secretary Of State Suspensions

Some offenses have mandatory driver's license suspension which takes place upon conviction for the offense and reporting to the Secretary of State. Many of these offenses have no hardship appeal, however, some allow the Circuit Court to issue a restricted license upon petition and showing of hardship. Examples of these offenses 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 second w/7 years

Y

Unlawfully Drive Away Auto(UDAA)

6

One-Year Suspension

N

(If second 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

First Offense — 6 months

Y

Second w/7 years — 1 year

N

When a license suspension is not mandatory, the Secretary of State may schedule you to appear for a Review Hearing to determine whether a suspension is appropriate. It is sometimes advisable to have an attorney represent you at these hearings to avoid, as best you can, unfavorable results.

There are various groupings of suspensions/revocations which can affect a person's driving privileges. These types of suspensions/revocations include the following:

Mandatory Suspensions

Offenses which, whether traffic related or not have, as part of their automatic penalties, a mandatory suspension of driving privileges. (See examples in list above). All drinking offenses have a mandatory license action. Some nondriving offenses have a license sanctions: (e.g., Possession Of A Controlled Substance; and person under 21 who consumes/possesses alcohol.)

Point Suspensions

You may receive a "Point Suspension" if you have 12 or more points during a two-year period. Typically, a review hearing is scheduled, and the Secretary of State may suspend your license for an appropriate period of time such as 1, 3, 6, 9, or 12 months.

Review Suspensions

Your record may be "reviewed" by the Secretary of State when you accumulate over 8 points within a two-year period, or have several violations in a short period of time. After the Review, you may be suspended for an appropriate period of time such as 1, 3, 6, 9 or 12 months. You may choose to have an attorney with you at the Review Hearing.

Like Term Suspension

If you receive a new ticket of any kind during a period of Mandatory, Point or a Review Suspension, then you may be subject to an additional "like term" suspension. It is done automatically by the Secretary of State for a "like term" period of time. (E.g., if you get a ticket while serving a 90-day 'Mandatory' suspension for Reckless Driving ticket, then you can receive an additional 90 day Suspension.)

Administrative Suspension

Yours may be an "Administrative Suspension" if you failed to pay a traffic ticket, (FCJ suspension), or failed to appear in Court, (FAC suspension), for a scheduled traffic offense. A FCJ suspension is cleared by paying the ticket fine and a reinstatement fee (at the Court where the ticket was issued.) A FAC suspension can only be cleared up by appearing in Court and having the Judge remove the suspension. Eventually, you must pay a reinstatement fee.