J. Erich Goetz Michigan Drunk Driving, Criminal defense, Business Litigation, and Family Law

Erich Goetz Specializes in Drivers License RestorationLicense Sanctions

First time offenders risk losing their license for 30 days, with an additional 150 days restricted driving privileges. If a plea to impaired driving is agreed upon with the prosecutor, the driver's license is not suspended at all, but it is restricted for 90 days. This is the carrot and stick used by the State of Michigan to convince first time offenders to plead guilty to impaired.

Repeat offenders face license revocation upon conviction. The courts are no longer permitted to grant restricted licenses based upon any personal hardship that might be suffered. A person whose license is revoked must request reinstatement through the Drivers Assessment and Appeal Division (DAAD) after they have reached their eligibility date. To satisfy the DAAD, a person must provide a positive alcohol evaluation, and they must show that they have:

  1. Stopped using alcohol
  2. Successfully completed alcohol therapy
  3. Regularly attend a support group such as Alcoholics Anonymous
  4. Produce letters from family and friends showing a change in lifestyle and impact from being alcohol-free, and e) show a reason and need to drive.

Driving on a suspended or revoked license (DWLS) or proof of driving on a suspended or revoked license (such as an abstracted ticket for "no operator's permit on person") will results in an additional term of suspension being added to the suspension period. Thus, the eligibility date is extended farther out by the Secretary of State upon conviction or proof of DWLS.

If a driver refuses to take a Datamaster breath test (not the PBT, but the breath test at the police station), the driver has 14 days to challenge an automatic suspenion that lasts for one year. A second refusal within seven years results in a two year suspension.

Erich Goetz has been successfully representing his clients in front of DAAD review boards hearings for over 5 years and can help you get your license back quickly. Contact him today:

30800 Van Dyke Avenue Suite 204

Hi Erich,
Just wanted to than you for all your hard work! I'm so happy to be driving again. I can't even thank you enough. Keep up the great work.

LH


Warren, Michigan 48093
Telephone: 586-574-0916
Fax: 586-574-2157

egoetz@ameritech.net

What If I Lose My License But Continue To Drive Anyhow?

If a person whose license has been revoked or suspended due to drunk driving chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including fines and imprisonment. The more prudent course of action is to rely on friends and family for rides or use public transportation.

Criminal Sentencing / Administrative Consequences - Repeat Offender (Driving While Suspended Conviction)
 
DWLS §904(1)
Knowing Allowed Someone to DWLS §904(2)
DWLS Causing Death §904(4)
DWLS Causing Serious Injury §904(5)
Knowingly Allowed Someone to DWLS Causing Death §904(7)
Knowingly Allowed Someone to DWLS Causing Serious Injury §904(7)
1st ofense (no Priors)

Misdemeanor
Fine/Jail/Comm Svc:
Up to 93 days jail; up to $500 fine, or both

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: none. (Cancel upon notice by officer)

Immob: None

Reg Deny: None
Forf: None

Misdemeanor
Fine/Jail/Comm Svc:
Up to 93 days jail; up to $500 fine, or both

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: none. (Cancel upon notice by officer)

Immob: None

Reg Deny: None
Forf: None

Felony
Fine/Jail/Comm Svc:
Prison up to 15 years; $2,500 - $100,000 fine or both.

Licensing: Minimum 1 year revocation/denial

Plats conf: Required

Immob: Required up to 180 days unless forfeited

Reg Deny: None
Forf: Permissive

Felony
Fine/Jail/Comm Svc:
Prison up to 5 years; $1,000 - $5,000 fine or both.

Licensing: Minimum 1 year revocation/denial

Plats conf: Required

Immob: Required up to 180 days unless forfeited

Reg Deny: None
Forf: Permissive

Felony
Fine/Jail/Comm Svc:
Prison up to 5 years; $1,000 - $5,000 fine or both.

Licensing: None

Plats conf: None

Immob: None

Reg Deny: None
Forf: None

Felony
Fine/Jail/Comm Svc:
Prison up to 2 years; $1,000 - $5,000 fine or both.

Licensing: None

Plats conf: None

Immob: None

Reg Deny: None

Forf: None
2nd Offense or 1 prior 904 susp within 7 years

Misdemeanor
Fine/Jail/Comm Svc:
Up to 1 year jail; up to $1,00 fine, or both

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: none. (Cancel upon notice by officer)

Immob: Permissive up to 180 days

Reg Deny: None
Forf: None

Misdemeanor
Fine/Jail/Comm Svc:
Up to 1 year jail; up to $1,00 fine, or both

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: none. (Cancel upon notice by officer)

Immob: Permissive up to 180 days

Reg Deny: None
Forf: None

Felony
Fine/Jail/Comm Svc:
Prison up to 15 years; $2,500 - $100,000 fine or both.

Licensing: Minimum 5 year revocation/denial

Plats conf: Required

Immob: Required up to 180 days unless forfeited

Reg Deny: None
Forf: Permissive

Felony
Fine/Jail/Comm Svc:
Prison up to 5 years; $1,000 - $5,000 fine or both.

Licensing: Minimum 5 year revocation/denial

Plats conf: Required

Immob: Required up to 180 days unless forfeited

Reg Deny: None
Forf: Permissive

Felony
Same as 1st offense

Felony
Same as 1st offense

3rd Offense or 2 prior 904 susp within 7 years

Misdemeanor
Criminal - Same

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: Required

Immob: 90 to 180 days

Reg Deny: None
Forf: None

Misdemeanor
Criminal - Same

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: Required

Immob: 90 to 180 days

Reg Deny: None
Forf: None

Misdemeanor
Criminal - Same

Licensing: Minimum 5 year revocation/denial

Plats conf: Required

Immob: 90 to 180 days unless forfeited

Reg Deny: None

Forf: Permissive

Misdemeanor
Criminal - Same

Licensing: Minimum 5 year revocation/denial

Plats conf: Required
                 
Immob: 90 to 180 days unless forfeited

Reg Deny: None
Forf: Permissive

Felony
Same as 1st offense

Felony
Same as 1st offense

4th Offense or 3 prior 904 susp within 7 years

Misdemeanor
Criminal - Same

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: Required

Immob: 90 to 180 days

Reg Deny: Required
Forf: None

Misdemeanor
Criminal - Same

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: Required

Immob: 90 to 180 days

Reg Deny: Required
Forf: None

Misdemeanor
Criminal - Same

Licensing: Minimum 5 year revocation/denial

Plats conf: Required

Immob: 90 to 180 days unless forfeited

Reg Deny: Required
Forf: Permissive

Misdemeanor
Criminal - Same

Licensing: Minimum 5 year revocation/denial

Plats conf: Required

Immob: 90 to 180 days unless forfeited

Reg Deny: Required
Forf: Permissive

Felony
Same as 1st offense

Felony
Same as 1st offense

5th Offense or 4 prior 904 susp within 7 years

Misdemeanor
Criminal - Same

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: Required

Immob: 1 – 3 years

Reg Deny: Required
Forf: None

Misdemeanor
Criminal - Same

Licensing: Mandatory additional under §904(10), (11) and (12)

Plats conf: Required

Immob: 1 – 3 years

Reg Deny: Required
Forf: None

Misdemeanor
Criminal - Same

Licensing: Minimum 5 year revocation/denial

Plats conf: Required

Immob: 1 – 3 years unless forfeited

Reg Deny: Required
Forf: Permissive

Misdemeanor
Criminal - Same

Licensing: Minimum 5 year revocation/denial

Plats conf: Required

Immob: 1 – 3 years unless forfeited

Reg Deny: Required

Forf: Permissive

Felony
Same as 1st offense

Felony
Same as 1st offense

             

 

Legal Disclaimer: None of the information on this website should be considered as legal advice. This information is provided for information purposes only. If you need professional legal advice regarding your current legal situation please contact J. Erich Goetz directly at:

Toll Free at: 855-505-5800 | Office: 586-574-1600 or egoetzlaw@gmail.com | 24 hour access to Erich Goetz: 586-770-9391

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