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Criminal & OWI Defense Lawyers
License Sanctions
Driver License Sanctions for DUI, Drug Crimes, Super DUI
Most of Michigan’s alcohol and drug related crimes result in license action by the Michigan Secretary of State. When license action is taken, the Michigan Secretary of State will restrict, suspend or revoke the offender’s license. Most first offenders will be entitled to a restricted license as described below. However, Super Drunk Driving (OWI with High BAC .17 or more) convictions necessitate a lengthy suspension followed by a period of restrictions with an ignition interlock device (BAIID). Repeat offenders and those who commit felony driving offenses (OWI causing death or injury) face *indefinite license revocation. Those under an indefinite revocation will want to consult with experienced driver license restoration attorneys to regain driving privileges.
Contact ABDO LAW for lawyers that have a proven record handling DUI cases in the counties of Macomb, Oakland, Wayne and St. Clair.
CALL: Metro Detroit: 586-412-5555
The Final Conviction Determines License Sanctions
The license sanctions for a DUI will depend upon the final conviction which may be different from the original charge. For example, a Super Drunk Driving charged that is reduced to OWVI (impaired driving) will receive the license sanctions associated with the lower offense. The following is a list of various Michigan alcohol and drug crimes along with license action that is required upon conviction.
| Michigan Alcohol, Felony or Drug Crime | License Action |
| OWI Causing Death (Felony) | *Indefinite revocation |
| OWI Causing Serious Injury (Felony) | *Indefinite revocation |
| OWI or OWPD (no priors) | 30 days suspended, 150 days restricted |
| DUI 2nd Conviction within 7 years | *Indefinite revocation |
| DUI 3rd Conviction within 10 years | *Indefinite revocation |
| Child Endangerment w/child u/age 16 | 90 days suspended, 90 days restricted |
| Super DUI, BAC .17% or greater | 45 days suspended, 320 days restricted |
| OWVI, Impaired Driving (no priors) | 90 days restricted |
| Zero Tolerance, under 21 w/.02% – .07% | 30 days restricted |
| 1st Drug Conviction | 30 days suspended, 150 days restricted |
| 2nd Drug Conviction | 60 days suspended, 305 days restricted |
*Indefinite revocations: Indefinite revocations are for a minimum period of one (1) year before a person is entitled to a hearing before the Driver Appeal and Assessment Division to obtain driving privileges. Additional periods of revocation are imposed when a person obtains other tickets while driving on a suspended or revoked license. The person requesting a license will be required to meet the strict burden of proof at the Driver Appeal and Assessment Division hearing before any driving privileges will be restored.
Drug crimes dispositions pursuant to MCL 333.7411 do not carry any license suspension.
Allowable Restrictions
Whenever someone is eligible for a restricted license after being convicted of a Michigan alcohol or drug crime, driving is limited to:
- To and from residence and employment, and during employment
- To and from alcohol or drug education or treatment program
- To and from regularly scheduled treatment for serious medical condition
- To and from probation, community service and school
Super DUI: Breath Alcohol Ignition Interlock Device Required
Harsh licenses sanctions are mandatory for those convicted of a “Super Drunk Driving” (OWI with High BAC .17 or greater) offense. Initially, a hard suspension (no driving whatsoever) is imposed for the first 45 days. Then, the person may drive on a restricted basis (work, school, court programs) for a period of 320 days with a Breath Alcohol Ignition Interlock Device (BAIID). Contact ABDO LAW for lawyers with the highest national ratings for the best legal representation in every Metro Detroit court in the counties of Macomb, Oakland, St. Clair and Waye. Let us explain how we have negotiated to get Super DUI cases reduced down to impaired driving saving our clients from a Super DUI conviction and the embarrassing component of the BAIID system. Call Metro Detroit: 586-412-5555
The Breath Alcohol Ignition Interlock Device
A BAIID is a device that analyzes alcohol vapor which is expelled from the lungs. The device is connected to a vehicle and has an internal memory which is periodically downloaded by the installer. The BAIID measures the vehicle operator’s bodily alcohol content [BAC] and prevents (locks-out) the vehicle from starting if the BAC result is .025 or higher. Random retests are also required while the vehicle is in operation.
BAIID test failures, tampering, or other BAIID-related violations will result in an extension of the time before the driver can ask for another driver license appeal hearing, or may require that the original license revocation/denial be reinstated.
Defending BAIID Violations
Contact ABDO LAW if you receive any unfounded notification regarding a BAIID device problem. We have successfully defended clients under circumstances that involve equipment failure, battery problems, cold weather related issues and other BAIID violations. Use of cold medicine or mouthwash which contains alcohol is not considered to be a good excuse and should be avoided. In every BAIID violation case, we ask for the names of witnesses (spouse, passenger, employer) that can testify as to sobriety during the time frame (before and after) of an alleged violation. Maintaining vehicle service records (dealership invoices, electrical service, battery replacement, towing records) can also be helpful in defending someone accused of a BAIID violation.
EMAIL or CALL Abdo Law for a FREE CONSULTATION. Phone messages are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555
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