The Difference Between Driving While License Revoked and Driving While License Suspended in Michigan
As a driver's license restoration and DUI lawyer, a lot of my clients are people whose licenses are suspended or revoked. In the real world, it turns out that a lot of people use the terms "suspended" and "revoked" incorrectly and often interchangeably. About the biggest mistake is the use of the term "suspended" for a license that has actually been revoked. This mistake is even made by the police when they write someone up for a driving offense. The reason this is not always (but sometimes can be) a big deal is that driving while license suspended and driving while license revoked violate the very same rule of law. Even so, the implications beyond the courtroom and potential criminal penalties are hugely different. This article will examine those differences.
A long time ago, I used to be a stickler about the terminology of drinking and driving offenses. I would rush to point out the Michigan has no crime named "DUI," meaning driving under the influence. Instead, we used to have "OUIL," or operating under the influence of liquor. That was replaced, several years ago, with "OWI," meaning operating while intoxicated. We still have "OWVI," which stands for operating while visibly impaired, along with a host of other drinking and driving offenses, all part of the alphabet soup of what everyone else just calls "DUI." Eventually, I just gave in and figured, "If you can't beat 'em, join 'em." Now, I use the umbrella term "DUI" for everything drunk-driving related.
The situation is similar, if not the same, for suspended and revoked license charges. Some people with whom I speak use the terms precisely, but the majority of people, including a lot of Judges and police, just use the term "suspended license" to refer to either suspended or revoked license offenses. Because a large part of what I do is restoring driver's licenses (another not-quite-correct terms that is imprecisely used for this is "reinstate"), the distinction between suspended and revoked licenses is very important to me. In fact, it should be important to everyone, because the difference between having a suspended versus a revoked license will have a lot to do with when, how, and even if you will be able to drive again.
A revoked license is serious business. Most often, a person's license is revoked after multiple DUI's. Whatever the reasons for the revocation, the upshot is that once your license has been revoked, you don't ever get it back until you file and win a driver's license restoration appeal hearing in front of the Driver Assessment and Appeal Division (DAAD) of the Michigan Secretary of State. By contrast, a suspended license is reinstated after a specific period of time, and/or upon the payment of specified monies. You never have to file a restoration appeal with the Secretary of State for a license that has been suspended.