Michigan SOS License Infractions and Sanctions

Jun 1, 2022 | Blog, Michigan DUI Criminal Defense Attorney Michael Komorn, Stoned Driving

Walking – It’s still a right for now. Driving is another story. That is for the privileged. You must fight for that privilege when the system is in the process to take it away. Your best defense is a good offense. Komorn Law PLLC is the firm you hire when you want to go on the offense to put the system on defense. Yes that was some marketing we slipped in. Carry on…

Dangerous, negligent, or careless driving behavior can result in both serious legal consequences and the temporary or permanent loss of driving privileges.

License suspension

If a driver’s license is suspended, an individual’s driving privileges are temporarily withdrawn for a specific period and may be reinstated once the terms of the suspension are fulfilled. Because a driver’s license renewal transaction is required you must visit a Secretary of State Branch office to get your license reinstated.

License revocation

If a driver’s license is revoked, an individual’s driving privileges are terminated and can only be reinstated if the individual meets eligibility requirements and any conditions or terms set forth in a hearing facilitated through the Michigan Department of State.

Common causes for suspension or revocations

Six Points:

• Manslaughter, negligent homicide, or other felony involving use of a motor vehicle
• Operating under the influence of liquor or drugs
• Failing to stop and give identification at the scene of a crash
• Reckless driving
• Unlawful bodily alcohol content of 0.08 or more
• Refusal to take a chemical test
• Fleeing or eluding a police officer

Four Points:

• Drag racing
• Operating while visibly impaired
• Under age 21 with any bodily alcohol content
• 16 mph or more over the legal speed limit
• Failure to yield/show due caution for emergency vehicles

Three Points:

• Careless driving
• Disobeying a traffic signal or stop sign or improper passing
• 11 through 15 mph over the legal speed limit
• Failure to stop at railroad crossing
• Failure to stop for a school bus or for disobeying a school crossing guard

Two Points:

• Open alcohol container in vehicle
• All other moving violations of traffic laws
• Refusal of Preliminary Breath Test (PBT) by a driver under age 21

NOTE: Snowmobile and off-road vehicle (ORV) alcohol-conviction points are placed on a driver record and may result in licensing action against your driving privileges even though the violation happened while operating a snowmobile or ORV.

If you or someone you know has been accused of a crime, DUI or Drugged Driving.
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Understanding the hearings process

Due to COVID-19 social distancing requirements there are NO LIVE (IN-PERSON) hearings being held at this time. Until further notice ALL OHAO hearings are being held via video conferences using Microsoft Teams.

• If you have not already done so, please download the free Microsoft Teams app now. DO NOT REGISTER or LOGIN.
• Review the Notice of Hearing to find the name of the hearing officer assigned to your hearing.
• Locate the name of the assigned hearing officer on the list below.
• Follow the link below the name of the assigned hearing officer that says (Follow this link to join the meeting) join as a guest using your first/last name.
• Make sure to enable your camera and microphone icons found at the bottom center.
• You must access this link from the device you intend to use.
• This is a formal hearing, and you should be in a quiet location by yourself and have a clear table/area in front of you that is free from any documents.

PLEASE FOLLOW THE LINK BELOW AND SELECT THE HEARING OFFICER FROM YOUR LETTER

OHAO Hearing MS Teams Link

Drug and alcohol related suspensions and revocations

If your driver’s license was suspended or revoked due to a drug or alcohol related offense, you will want to familiarize yourself with the following programs and information as you work to restore your driving privileges.

• Ignition interlock information
• Sobriety court
• High blood alcohol content (BAC) offenses
• Habitual alcohol offender information

Ignition interlock manufacturers list

Driver assessment and reexamination 

Older drivers, drivers with numerous crash histories, drivers who may have been referred for health reasons after a license suspension, or as a result of a hearing may need to submit to a safe driving assessment and reexamination process.

Driver assessment

The privilege to drive is often taken for granted, but you may lose your privilege to drive for many reasons. The Secretary of State’s Driver Assessment Section is responsible for conducting driver reexaminations as authorized by the Michigan Vehicle Code. The purpose of a reexamination is to determine your ability to drive safely and if any licensing controls should be imposed.Michigan law allows for a driver reexamination based upon one or more of the following criteria:

• You have received tickets while on probation.
• The Secretary of State has reason to believe that you cannot operate a motor vehicle safely due to a mental or physical condition.
• You have been involved in a fatal crash.
• You have been involved in three or more traffic crashes within a two-year period where the crash report indicates you were at fault.
• You have accumulated 12 or more points within a two-year period.
• You have been convicted of violating the restrictions, terms, or conditions of your license.

Driver reexamination

Michigan law authorizes the Department of State to reexamine a driver when there is reason to believe the driver may be unable to operate a motor vehicle safely. The Department relies on information from law enforcement, medical personnel, Secretary of State branch staff, and concerned citizens, including family members, to identify unsafe drivers. The Department of State provides a form, called a Request for Driver Evaluation (DA-88), that can be completed and submitted to the Driver Assessment Section to request a review of an individual’s driving skills. This form is available at your local Secretary of State branch office or by clicking the link here.

Basic Driver Improvement Course

The Basic Driver Improvement Course program allows eligible drivers to take a refresher course of basic traffic safety principles. Drivers who successfully complete the BDIC through an approved sponsor can avoid points or ticket information from being reported to their insurance company.

BDIC eligibility

You will receive a letter in the mail if you are eligible for this program. You may be eligible if you were ticketed on or after December 31, 2010, and:

• You have a valid Michigan, non-commercial license, with two or fewer points on your record,
• The violation was not in a Commercial Motor Vehicle,
• The violation was not a criminal offense,
• The ticket you received is eligible (e.g., must be for three or fewer points, not for careless or negligent driving, etc.)

Tickets eligible for BDIC

BDIC requirements

The course requires a minimum four hours of study before the first attempt to pass the final test. This refresher course can improve safety for all Michigan drivers. Eligible drivers have 60 days to arrange for and successfully complete the BDIC. The course completion deadline is listed on the notice of eligibility. Eligible drivers should begin the BDIC well before the deadline to ensure it can be completed before the deadline. The approved sponsor will notify the Secretary of State of course results.

Course options

BDIC are offered both online and in classroom settings by sponsors approved by the Michigan Department of State. Each sponsor uses a program that is based on a curriculum for which there is documented evidence from a federal, state, or local government agency of course effectiveness in reducing collisions, moving violations or both. Prices may vary.

The State of Michigan does not endorse any sponsor. Course sponsors are solely responsible for reporting results in a timely manner.

Please select your preferred method of taking your Basic Driver Improvement Course - Online or Classroom. 

Frequently asked questions (FAQs)

What are the potential outcomes of my driving reexamination?

At the conclusion of your driver assessment reexamination, your license may be unaffected, or it may be restricted, suspended, or revoked depending on several factors. These factors include the type of violation or unsafe driving behavior involved, your driver record, and your willingness to comply with assessment recommendations and requirements.

License restrictions allow you to drive under certain terms and conditions that will be stated on your restricted license. A license suspension means that your driving privileges are taken away for a determined period of time, ranging from days to months. A license revocation means that you must wait one to five years before you are eligible to reapply for possible re-licensure. If your license is restricted, suspended, or revoked, you will be given your appeal rights and licensing reinstatement information.

What do I do if I need a reexamination of my driving skills?

If you are scheduled for a driver assessment reexamination, whether through a referral or mandated by the terms of a suspension, you will receive a notice telling you when and where to appear. Your reexamination will include time for the driver assessment analyst to review your driver record and discuss your driving behavior with you. You may be required to pass vision and knowledge tests as well as an on-road performance test. You may also be required to provide a medical or vision statement for review.

Source: https://www.michigan.gov/sos/license-id/license-restoration

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