In part 1 of this article, we began an examination of the consequences to your driver's license in a Michigan DUI case. We established that there are 2 preliminary things to keep in mind before we can answer the question "what will happen to my driver's license?" First, and particularly in 1st offense DUI cases, we noted that the original charge for which you were arrested (often "OWI" or "High BAC") may very well be dropped down, so that what you wind up "getting" on your record may be far less severe, and may not have anywhere near the impact to your ability to drive as would otherwise be the case with the offense written on your ticket, or otherwise appearing on your court notice. That's the good news
Second (and this is the bad news), we established that for anything after a 1st offense DUI, the Michigan Secretary of State simply counts the number of total "alcohol related traffic offenses" (meaning DUI's) and automatically imposes license consequences, regardless of how the case is resolved in court. This means that, as far as driver's license sanctions are concerned, the only thing that matters is the number of DUI (or DUI-related) convictions a person accumulates in either a 7 or 10-year period.
In this 2nd part, we will look at he actual driver's license consequences that the state, meaning the Secretary of State, will impose for the most common DUI convictions. To be clear, license sanctions are only imposed by the Secretary of State, and not the court. A court cannot, under any circumstances whatsoever, take any action against a driver's license in a DUI case. No matter what the facts, the judge cannot modify anything done by the Secretary of State regarding DUI license sanctions, because the penalties described below are absolute.
It makes sense to examine the driver's license sanctions, or penalties, from worst to least severe. To keep this article of manageable length, I'm not going to get into the penalties for death or injury DUI cases. It should suffice to point out that if you find yourself facing one of these charges, you're at risk of losing a lot more than just your driver's license and have bigger concerns and risks to worry about. In order of severity, this is what happens:
For a 3rd offense DUI, meaning any combination of 3 alcohol-related traffic offenses - OWVI, OWI, High BAC convictions, and including 1 prior "zero tolerance" conviction within 10 years from the date of the conviction of the oldest offense to the date of the arrest for the most recent offense, the driver's license will be revoked for a minimum of 5 years. There is NO appeal to any court, and a person can only win back his or her license by filing (and winning) a driver's license restoration appeal with the Michigan Secretary of State's Driver Assessment and Appeal Division, also known as the DAAD.
This can be confusing, because criminally, a person can be charged with and convicted of a 3rd offense for any combination of 3 DUI's within his or her lifetime. The 3rd offense charge has nothing to do with any time frame, whereas the 3rd offense license sanctions are completely dependent upon those 3 DUI's all taking place within 10 years.
This is so important, it bears repeating: All driver's license penalties are set in stone, and there is absolutely no way around them. There are no exceptions, no hardship appeals, and nothing that can be done other than to suffer through them. The state does not have any mechanism to "care" what effects loss of a license will have in your life, meaning it does not "care" if the license sanction will cost you your job. Nothing can be done, even if you are a single mom and you have to drive your kids to school or need to take a dependent, elderly person to the hospital for life-saving medical treatments. The state simply counts alcohol related driving convictions, and if they fall within the clear and simple framework (3 within 10 years or 2 within 7 years), then the corresponding penalty is automatically imposed.