An operating while intoxicated (OWI) charge in Michigan can result in many significant consequences. People who plead guilty or get convicted are at risk of a jail sentence, financial penalties and probation.
A driver’s license suspension is also a serious concern. Losing the legal privilege of operating a motor vehicle can affect a person’s ability to maintain gainful employment or handle critical matters for their family.
Particularly in cases wherein a person accused of an OWI offense in Michigan does not have any prior convictions, they may hope to avoid the most serious penalties imposed for an OWI conviction. Is a driver’s license suspension automatic or mandatory after an OWI offense in Michigan?
License suspension is a standard penalty
Officers typically retain the physical licenses of individuals arrested for OWI offenses. However, they provide a temporary driving permit to those who submit to chemical testing. The permit allows a motorist to operate a vehicle until the conclusion of their OWI criminal case. They cannot regain a standard license with a photograph until that time.
Refusal to submit to a chemical test has an immediate impact on driving privileges. An officer provides a Failure to Submit to a Chemical Test Notice instead of a permit. The driver then only has 14 days to contest the suspension of their license with the Secretary of State.
An attorney can object, allowing for a hearing regarding the violation of the implied consent law that requires submission to chemical testing after an arrest.
Those who prevail at the hearing can retain their license until the completion of their criminal trial. Those who lose during implied consent hearings may lose their driving privileges unless they appeal in Circuit Court to seek a restricted license. Even then, a restricted license is typically only an option for motorists who have no prior OWI convictions or implied consent violations on their record.
A conviction for a first OWI typically carries a mandatory license suspension that lasts 180 days. Factors, including the driver’s blood alcohol concentration (BAC), influence the duration of the license suspension. The driver can often seek a restricted license to drive to work, school and other necessary functions after serving the first 30 days of the suspension. Those with BACs over 0.17% may face a 45-day mandatory suspension and 320 days with a restricted license.
A second OWI carries a minimum one-year license revocation, while a third offense can cost a driver their license for up to five years or the rest of their life if the third offense occurs within seven years of the first.
The support of an experienced criminal defense attorney from Gordon & Hess, PLC, can help West Michigan OWI defendants evaluate the case against them and explore strategies for minimizing the penalties imposed by the courts. A successful OWI defense can prevent a conviction and corresponding penalties, including a driver’s license suspension.