How Restrictions, Suspensions and Revocations Impact Driver’s License Restoration
Wednesday, May 12th, 2010The differences between restrictions, suspensions and revocations are important to understand.
A restricted driver’s license is one that limits driving privileges. A suspension is a temporary loss of a driver’s license for a defined time period. Revocation is a permanent loss of driving privileges.
The Secretary of State can restrict, suspend or revoke driver’s licenses for a variety of reasons. Two very common causes are:
- Multiple DUI convictions (also known as a habitual offender). Driver’s licenses are suspended for one year after two DUI convictions within seven 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 ends before seeking a hearing to restore his license.
- Refusal to take a chemical test after an arrest for DUI (also known 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. You can only appeal first refusals to circuit court on a hardship basis in Michigan.
Other common reasons for driver’s license restrictions, suspensions and revocations are:
- Too many points as a result of multiple traffic tickets.
- Probationary driver violations. This may happen when a probationary driver incurs either traffic accidents or traffic tickets.
- 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 to a party, this would constitute a violation.
- Mental/physical disability resulting in unsafe driving behavior.
- Out-of-state convictions for drunk driving and the like.
- Operating a vehicle with a suspended/revoked license.
- Too many car accidents.
Significantly, suspension and revocations are treated differently when it comes to hardship appeals in the circuit court. The hardship appeal allows the petitioner to request a restricted license so that, for example, he or she may drive to and from work. Suspensions are appealable on hardship grounds to the circuit court.
Revocations are a different story. 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.
Thus, the distinctions between revocations and suspensions are important. A driver has more options for relief with a suspension than a revocation. Seek the assistance of a driver’s license reinstatement attorney in determining your best course of action.
Related Blogs
- Paquito D’Rivera Sextet @ Jazz Standard, 5/1/10 | Short and Sweet NYC
- Mojave Desert Memorial Cross Stolen After Supreme Court Ruling in Favor » Right Pundits
- DUI BLOG: State Supreme Court: DUI Doesn’t Require Driving
- Town Car Air Suspension Kits » Blog Archive » Discover The Lincoln Town Car Air Suspension’s Problems And Their Solutions
- Hearing on Revocation of Lawyers’ Licenses Ends without Decision, Lawyers Condemn Baseless Punishment « Chinese Human Rights Defenders
- Jazz Setlist, April 8-14: Paquito D’Rivera, Delfeayo Marsalis, and more – Arts Desk – Washington City Paper
- What is the difference between HREF and SRC links? « TagFocus.com
- Astros’ Bourn appeals 2-game suspension : Sports Daily Fix – daily sports news and updates
- Scott Brown Explains Citizenship Revocation and Strongly Defends Arizona… (Note to All Upstart Conservative Candidates, This is How Its Done) | RedState
- Homeowners face hardship if rates rise | Real Estate Buzz
- 30. Hardship Statuts aka “Currently Not Collectible” | Owe Back Taxes?
- Linux users will need a Microsoft Office license to use Office Web Apps « Tim Anderson’s ITWriting
- Kaspersky KIS.KAV 2010 Unblacklistable License V4! Rapidshare & Torrent Download
- Does anyone have a Hardship License? :How Do I Get My Dad Off Drugs?
- HispanicTips » » Rosario D’Rivera Speaks with My Latino Voice At Miami Show
- Acyclovir href | Online Pharmaceuticals
- PSP Makes Record Number of DUI Arrests in 2009 | GantDaily.com
- Hackers, Phishers Target Servicemembers | Executive Gov
- Can VA suspend my license for a DUI in OH when I’ve paid all fines and received a new valid license from OH? | Indiana DUI Legal News & Help