Will I lose my driver’s license?

In nearly every Operating While Intoxicated (OWI) or Driving Under the Influence (DUI) case, a driver has two issues with which to contend:

  • First, the drunk driving arrest results in criminal charges that will be prosecuted in a Michigan district court.
  • Additionally – and what most drivers do not realize – a drunk driving conviction initiates a civil proceeding against the arrested motorist’s driving privileges. This second consequence is under the jurisdiction of the Michigan Secretary of State.

In fact, for the past decade, Michigan judges have not had the authority to sanction an individual’s driving privileges. It is immaterial if a judge believes you are a safe driver, or conversely, a dangerous driver who should be denied driving privileges. It is only the Michigan Secretary of State, not a judge, who can revoke or put a restriction on your driver license.

Typically, if this is your first drunk driving offense, you will not lose your driver license, although a restriction may be placed on your license for a period of 90 days.

What if I refuse a breath test?

 

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