How to Get Your License Back After a DWI in Michigan

In Michigan, driving while intoxicated (DWI) beyond the state's legal limit is a criminal offense. According to Michigan DUI laws, a person convicted of DWI risks facing severe penalties such as fines, jail time, a criminal record, and a suspended or revoked license. The Michigan Secretary of State (SOS) oversees all driver licensing matters, including suspensions and reinstatements.

Step 1: Know the Terms of Your Suspension

Parties typically have to ensure that they know how long their license is suspended before starting the process to get it back. How long the SOS will suspend a person's license depends on whether it is a first-time or repeated offense. License suspension terms in Michigan vary depending on the nature of the offense. According to Michigan's Impaired Driving Law, someone convicted of a first-offense DWI will have their license suspended for 180 days.

However, the suspension may be extended by a year if the person's BAC level exceeds 0.17%. A second DWI offense within seven years results in a mandatory one-year revocation, while a third offense triggers a five-year revocation. Additionally, parties will face a one-year suspension for a first refusal and a two-year suspension for a second refusal offense within the next seven years. If a driver is below 21, the SOS will restrict their license for 30 days after being convicted of a first-offense DWI.

Step 2: Fulfill Court and DMV Requirements

In Michigan, a person is independently subject to the court and the SOS's administrative penalties. Both entities serve different functions. The court aims to establish criminal liability on a person through a criminal hearing. They impose prison sentences, community service, and DWI education programs.

On the other hand, the SOS only issues administrative penalties like license suspensions, restrictions, and interlock device requirements. Parties should note that a court suspension and a Secretary of State suspension are different and typically must be resolved separately. For example, completing court requirements does not automatically reinstate your license with the SOS. To regain driving privileges, individuals may complete all SOS conditions, including required hearings.

Step 3: Complete a DWI Education or Treatment Program

Anybody who has been convicted of a DWI in Michigan may be directed to attend an alcohol screening or substance abuse evaluation. The offender may also be required to participate in Alcohol Highway Safety classes. First-time offenders will take the Level I classes, which are around 8 hours of classes. The SOS will need a person to take these classes if they were convicted of:

• Driving Under the Influence (DUI).
• Operating Under the Influence (OUI).
• Operating with an Unlawful Bodily Alcohol Content (UBAC).
• Impaired Driving.
• Open Intoxicants in a Motor Vehicle.
• People under 21 purchase/consume/possess/transport Alcohol.
• Use of a Fraudulent ID to Purchase Liquor.
• A person is deemed a Habitual Alcohol Offender.

The SOS provides a list of providers in every county across Michigan. After a person has selected their preferred provider, they should pay the appropriate fees, which are between $100 and $300. Parties typically must attend all classes, complete all assessments and evaluations, and provide a certificate of completion to the court before getting their license reinstated.

Step 4: Get SR-22 Insurance or Equivalent

An SR-22 insurance is an insurance document a court may require a high-risk driver to attach to their main insurance policy. A high-risk driver in this case refers to someone found guilty of DWI violations. This insurance add-on shows a driver carries the minimum liability coverage required by Michigan law. It is often required for license reinstatement after a DWI, especially for drivers seeking a restricted or hardship license. Michigan requires SR-22 coverage for at least three years from the date of reinstatement. If your policy lapses, your license may be suspended again.

Step 5: Pay Reinstatement Fees

The Michigan SOS allows individuals to reinstate their license after the end of their suspension for a fee of $125. Parties may pay this fee through these methods:

1. Online: The SOS allows applicants to pay for reinstatement through an online payment portal. Take the following steps to pay for your reinstatement fee online:
   1. Visit the Online Services webpage.
   2. Go to the "Driver's License and ID" section and click "More Driver Services".
   3. Create or log in to your account.
   4. Go to the "Operator License" section, click "More" then click "Pay Reinstatement Fee".
   5. Pay with credit card, debit card or e-check/bank account number. Parties may pay transaction fees on credit or debit card payments.
2. Mail: Parties may also pay their fees through the mail. They typically must do the following to complete a payment via mail:
   1. Print the driver's license reinstatement application.
   2. Mail or fax the completed application to the address or fax number listed at the bottom of the form with the fee attached
3. In person: People may complete payments at any Michigan Department of State Office.

Step 6: Submit Your License Reinstatement Application

The SOS advises applicants to check their license status through an online Secretary of State account. Parties may access this through the "Driver's License and ID" section in the Online Services webpage.

To apply for a license reinstatement hearing, a person must:

1. Fill and sign the Hearing Request Application form.
2. Send it to 3-6 friends, family members, or coworkers to complete and sign the Community Support Letter.
3. Get a certificate of completion from the Alcohol Highway Safety program.
4. Obtain a laboratory report from a 12-panel urinalysis drug screen with at least two integrity variables.
5. Gather additional documents (if applicable):
   1. Ignition interlock report within 30 days of submission
   2. DA-4P form from A doctor

Parties may submit their reinstatement application online, by mail, or in person.

What If You're Denied License Reinstatement in Michigan?

If the SOS denies a person's application for reinstatement, they may appeal through the Office of Hearings and Administrative Oversight. Common reasons for denial include insufficient documentation, lack of evidence of sobriety, or failure to complete treatment. Individuals may appeal within 14 days of the refusal by submitting a Request for hearing online or by mail.

Hardship Licenses: Driving with Limited Privileges

Michigan allows for restricted licenses under certain conditions, primarily for first-time offenders or individuals enrolled in the Michigan Ignition Interlock Program. A restricted license allows driving to work, school, court-ordered programs, or medical appointments.

To be eligible, you must:

• Install an ignition interlock device if required.
• Enrol in or complete a treatment or education program.
• Maintain SR-22 insurance

Offenders may apply for a hardship license through the court or the SOS. Restrictions are strictly enforced, and violations may result in the complete revocation of driving privileges.

How Long Does It Take to Get Your License Back After a DWI?

Timelines for license reinstatement in Michigan vary depending on the nature and severity of the offense. For a first-time OWI, the suspension period is typically 180 days, with eligibility for a restricted license after 30 days if enrolled in the Ignition Interlock Program. For high BAC cases, the suspension is 1 year, with the possibility of a restricted license after 45 days. Most first-time offenders may expect to regain their license within 6 to 12 months.