Part and parcel of being a Michigan DUI and driver's license restoration lawyer is being, almost by definition a suspended and revoked license lawyer, as well. In Michigan, driving while license suspended (DWLS) violates the very same law as driving while license revoked (DWLR), but the two offenses are very different, particularly because the long range consequences of driving while license revoked are so much more severe. In this article, we will focus on the Michigan Secretary of State administrative sanctions for a conviction of driving while license revoked, differentiating them from those that are spelled out in the criminal law.
To begin, I should point out that the consequences to be examined are the same no matter where in Michigan a person lives. While the range of court-imposed (meaning criminal) consequences of a driving while license revoked case are spelled out in the law, and can differ based solely upon the location of the court or the temperament of the Judge, our focus is going to be upon the mandatory (and therefore non-negotiable) sanctions that the Michigan Secretary of State must hand out when someone with a revoked license is caught driving.
If you're license has been revoked, it almost always means you've had multiple DUI convictions. Anyone in this predicament knows that you never just "get" a revoked license back. Unlike a suspended license, where you will eventually become eligible for reinstatement after a certain period of time, or if you pay a certain amount of money, a person with a revoked license only ever becomes eligible to file a formal license appeal and have his or her case decided after a hearing in front of the Michigan Secretary of State's DAAD, or Driver Assessment and Appeal Division. Only when you've been approved (and that means proving, by "clear and convincing evidence," that your alcohol problem is both "under control" and "likely to remain under control") do you ever win back the privilege to drive, and even then you're placed on a restricted license and required to drive with an ignition interlock device for at least the first year.
This pretty much means that having lost your license for multiple DUI's automatically puts you at a disadvantage. Since my purpose here is to be informative, then I'd ask the reader to indulge me a bit and let me speak plainly, rather than try and tiptoe politely around the real issues. If your license has been revoked, the court sees you as dangerous. While no one has his or her license suspended for singing too loud in the church choir, you certainly don't get your license revoked because all you did was forget to pay a ticket. When you're license is revoked, it means that you've practically been on a mission to screw things up. That part of your life may be over, but not the consequences.
This is important because, as I have noted many times before, there are really two classes of people who wind up in court with a suspended/revoked license charge:
1. Those whose suspension/revocation results from one or more alcohol-related prior offense(s), and,When you go to court, it's about a million times better to be part of the "everybody else" group. In the previous article entitled "The Problem with Michigan DUI Cases," I tried to explain the trend that accounts for almost everyone facing a DUI being seen and treated as if they have a drinking problem. Here, in the context of revoked licenses, we're dealing with folks that have multiple convictions for DUI. Dragged back into court for driving when they are clearly not supposed to, there is a natural tendency on the part of any Judge to see such a driver as out of control and determined to do what he or she wants, regardless of laws or rules or anything like that. By contrast, if you're part of the "everyone else" category, that means you're license has merely been suspended, and often for something like not paying a ticket or getting too many points. Whatever else, that kind of person is seen as negligent, more than any kind of threat on the road.
2. Everybody else.