How Restrictions, Suspensions And Revocations Affect Your Chances At Driver's License Restoration

Author: Mark Langschied

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 certain time period. Revocation is a permanent loss of driving privileges.

The Secretary of State can restrict, suspend or revoke driver's licenses for multiple reasons. Common grounds include:

• Multiple DUIs (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 seeking a hearing to restore his license.

• Refusal to take a chemical test after an arrest for DUI (also referred to as implied consent). This results in a one year suspension for the first refusal and a two year suspension for a second refusal within seven 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 happen 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 resulting in unsafe driving.
5. Out-of-state convictions for drunk driving and the like.
6. Driving with a suspended/revoked license.
7. Too many car accidents.

Importantly, suspension and revocations are treated differently when it comes to hardship appeals in the circuit court. The hardship appeal permits the petitioner to request a restricted license so that, for example, he or she may drive to and from work. 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.

Article Source: http://www.articlesbase.com/national-state-local-articles/how-restrictions-suspensions-and-revocations-affect-your-chances-at-driver039s-license-restoration-2121014.html

About the Author

About Attorney Mark Langschied
Need help with Michigan driver's license restoration?  As a southeast Michigan attorney for 20 years, I will bring my background, experience and determination to argue your Michigan drivers license reinstatement case.