The differences between restrictions, suspensions and revocations are significant in the process of driver’s license restoration.

A restricted driver’s license is one that limits driving privileges.  A suspension is a temporary loss of a driver’s license for a certain time period. A permanent loss of driving priveleges is a revocation.

The Secretary of State can restrict, suspend or revoke driver’s licenses for multiple reasons. Common grounds include:

• Multiple DUI convictions (also known as a habitual offender). Your driver’s license is suspended for 1 year after 2 DUI convictions within 7 years. Licenses are suspended for five years after three DUI convictions. A person who has a revoked license because of multiple DUI convictions must wait until the revocation period terminates before requesting a hearing to restore his license.

• Refusal to take a chemical test after an arrest for DUI (also referred to as implied consent). This results in a 1 year suspension for the first refusal and a two year suspension for a second refusal within 7 years.  Only first refusals are appealable to the circuit court on a hardship basis in Michigan.

Other reasons include:

1. Too many points as a result of multiple traffic tickets.
2. Probationary driver violations. This may happen when a probationary driver incurs either traffic accidents or traffic tickets.
3. Restricted license violations. This happens when a person drives outside of their restrictions. For example, if someone is restricted to driving only to and from work and the person is caught driving somewhere outside of work, this would constitute a violation.
4. Mental/physical disability resulting in unsafe driving behavior.
5. Out-of-state convictions for drunk driving or similar offenses.
6. Driving with a suspended/revoked license.
7. Too many automobile accidents.

Significantly, suspension and revocations are treated differently when it comes to hardship appeals in the circuit court. The hardship appeal permits the petitioner to request a restricted license so that, for example, he or she may drive to and from a place of employment. Suspensions are appealable on hardship grounds to the circuit court.

Revocations are a different issue.  Revocations from arrests before October 1, 1999 are appealable to the circuit court; revocations after that date are not appealable. In other words, an arrest for driving while license revoked after October 1, 1999 is not appealable on hardship grounds – one must wait out the revocation period and then seek a driver’s license.

There are important distinctions between revocations than suspensions.  A driver has more options for relief with a suspension than a revocation.  Seek the assistance of a driver’s license restoration attorney in determining your best course of action.

Tags: attorney, driver's license, law, lawyer, legal, license restoration, license revocation, license suspension

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