An operating while intoxicated (OWI) arrest does not automatically suspend your Michigan driver’s license. Your license may be affected by chemical testing and by the outcome of your criminal case. Knowing which process applies can help you respond to important deadlines.
What happens to your physical license after arrest?
If you refuse a required chemical test or the test shows a qualifying alcohol or drug result, an officer may confiscate your physical license and issue a temporary driving permit. The length of that permit depends on what happens with the criminal case and any license suspension, restriction or revocation.
Does taking a chemical test affect your license?
If you take a chemical test and the result shows an unlawful alcohol content or certain prohibited substances, the license consequences can depend on the circumstances of the offense and your driving record. These actions are separate from the criminal OWI case. The outcome of the criminal case can lead to additional license consequences.
What happens if you refuse the test?
A first refusal to submit to a required chemical test can result in a one-year license suspension. A second refusal within seven years can result in a two-year suspension.
You have 14 days from the refusal notice to request an administrative hearing. The hearing officer considers whether the officer had reasonable grounds to believe you committed a qualifying offense, whether you were arrested and whether you refused the test. If you do not request a hearing within 14 days, the Secretary of State can impose the applicable license sanction.
Can you drive while the case is pending?
Your ability to drive depends on the license action involved and what happens in your case. You may have a temporary permit or other driving restrictions depending on the circumstances. Do not assume that an OWI arrest means you cannot drive. Check your license status and understand any temporary permit, suspension or hearing requirements that apply.
Protecting your driving privileges requires quick action
Pay close attention to the 14-day hearing deadline if an implied-consent suspension is involved. Missing it can result in the Secretary of State imposing the applicable suspension. A Michigan OWI attorney can review the circumstances of your arrest and explain which license process applies.