In my day-to-day role as a Michigan DUI lawyer, one of the most common questions I am asked is something like, “What’s going to happen to my driver’s license?” This is often followed by an explanation of how the person needs a license to drive to work, or a question about what can be done so he or she can have a license to at least get to work. In this article, I want to answer those questions; those answers are, in fact, clear and simple, but sometimes the consequences are hard to accept. The whole point of this article is to make crystal clear what will happen to your driver’s license in a drunk driving case. The rules governing what happens are fixed and inflexible, and as frustrating as that can be, it also simplifies things quite a bit.
Before I explain how a Michigan OWI charge affects a driver’s license, I need to be a bit undiplomatic and stop a certain line of questions right in its tracks. People will often ask things like, “How do they expect me to keep my job,” or “How am I supposed to get my kids to school.” To be clear, if not cold, under the law, that’s your problem. The rules are the rules, and if you can’t drive to work and that means you’ll lose your job, you need to understand that there is no “they,” and therefore no person, mechanism or system that cares about, understands or who can otherwise do anything about your situation. There is nobody who “expects” you to do anything. Instead, there is a set of rules that applies when you get a DUI, and it applies no matter who you are, how much money you have (or don’t) and whatever your personal situation. If you first accept this principle that these rules apply without exception, then it becomes much easier to understand what will happen to your license.
A common misconception, when someone facing a drinking and driving charge asks about his or her license, is the idea that the Judge, or the enigmatic and undefined “they,” so often the target of the never ending “what about” questions, has anything to do with what happens. Let me make this very clear: What happens to your license is a matter of written law, and no one, including the Governor of the State of Michigan or the President of the United States, can alter, change, lengthen, shorten or otherwise modify any part of it. There is 100% absolutely NO possibility of going to court to “get” any kind of relief or change any part of what the rules require to happen, and there isn’t even a procedure to do so anyway. In other words, trying to go to court to change what happens to your license is like trying to file a case in court to change the weather; it’s not an option. With that established, let’s move on to what does, in fact, happen to your license…