Drunk Driving / Substance Abuse & Driver’s License Consequences
Due to legislative changes signed into law by the Governor earlier this year, on October 1, 2021 license suspensions will no longer occur for crimes that are unrelated to driving safety. However, until October 1, 2021 all prior laws remain in full force and effect.
An experienced criminal defense attorney is cognizant of both the direct consequences (jail / prison time, probation / parole, fines and costs) associated with a criminal offense, as well as the potential collateral consequence of a criminal conviction. For many the most impactful consequence of a criminal conviction is related to the suspension of his/her driver’s license, as that is a means for everything from child care to employment.
Until October 1, 2021 the prior laws in Michigan remain in full force and effect, and thus controlled substance (drug) offenses still result in driver’s license sanctions as follows until that date:
| CRIME | FIRST OFFENSE | SECOND OR SUBSEQUENT OFFENSE |
|---|---|---|
| Use of a Controlled Substance (common examples: marijuana, heroin, cocaine, methamphetamine, unprescribed pills, etc.) | Six (6) Month Driver’s License Suspension, with the possibility of a Restricted License after the first 30 days of the Suspension | One (1) Year Driver’s License Suspension, with the possibility of a restricted license after the first 60 days of the Suspension |
| Possession of a Controlled Substance | Six (6) Month Driver’s License Suspension, with the possibility of a Restricted License after the first 30 days of the Suspension | One (1) Year Driver’s License Suspension, with the possibility of a restricted license after the first 60 days of the Suspension |
| Manufacture of a Controlled Substance | Six (6) Month Driver’s License Suspension, with the possibility of a Restricted License after the first 30 days of the Suspension | One (1) Year Driver’s License Suspension, with the possibility of a restricted license after the first 60 days of the Suspension |
| Delivery of a Controlled Substance | Six (6) Month Driver’s License Suspension, with the possibility of a Restricted License after the first 30 days of the Suspension | One (1) Year Driver’s License Suspension, with the possibility of a restricted license after the first 60 days of the Suspension |
| Possession with Intent to Deliver a Controlled Substance | Six (6) Month Driver’s License Suspension, with the possibility of a Restricted License after the first 30 days of the Suspension | One (1) Year Driver’s License Suspension, with the possibility of a restricted license after the first 60 days of the Suspension |
| Charge | Maximum Sentence | Secretary of State Points | Driver Responsibility Fee | License Actions |
|---|---|---|---|---|
| High BAC (Super Drunk) .17 grams or higher | Up to 180 days in jail. A fine of $200 to $700 plus court costs. Up to 360 hours of Community Service | 6 | $1000.00 a year for two years | One year license suspension. 45 days of hard suspension (no driving at all) followed by restricted driving privileges with installation of ignition interlock device 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Operating While Intoxicated - .08 grams or higher | Up to 93 days in jail. A fine of $100 to $500 plus court costs. Up to 360 hours of Community Service | 6 | $1000.00 a year for two years | 30 day license suspension followed by 5 months of restricted driving privileges. 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Operating with the Presence of a Schedule 1 Drug or Cocaine (OWPD) | Up to 93 days in jail. A fine of $100 to $500 plus court costs. Up to 360 hours of Community Service | 6 | $1000.00 a year for two years | 30 day license suspension followed by 5 months of restricted driving privileges. 30 day license suspension followed by 5 months of restricted driving privileges. 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Operating While Visibly Impaired | Up to 93 days in jail. A fine of up to $300 plus court costs. Up to 360 hours of Community Service | 4 | $500.00 a year for two years. | 30 day license suspension followed by 5 months of restricted driving privileges. 90 day restricted license (180 if impaired by a controlled substance). 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Zero Tolerance – Under 21 operating a motor vehicle with presence of alcohol in system. | Up to $250 fine. Up to 360 hours of community service. | 4 | $500.00 a year for two years. | 90 day restricted license (180 if impaired by a controlled substance). 30 day restricted license 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
| Child Endangerment – Drunk Driving with Under 16 year old in Vehicle | 5 days to one year in jail. $200 to $1000 fine. 30 to 90 days community service. | 6 | $1000.00 a year for two years | 90 day license suspension followed by a 90 day restricted license. 2nd Offense (within 7 years): Revocation. Cannot reapply for driving privileges for 1 year. |
To view current legislation regarding Driver’s License sanctions related to controlled substance offenses in Michigan, please click here.
To view the legislation that will go into effect on October 1, 2021, please click here.
Persons accused of controlled substance offenses have a lot at stake both directly and collaterally. They require effective and proven representation by a skilled criminal defense / trial lawyer. If you or a family member are in need of legal defense against these or any other charges, contact Hills at Law, P.C. today.
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