Need to keep driving after an OWI? Restricted licenses, interlock and getting your license back
I am Mitchell Bisson, a Grand Rapids OWI lawyer. I have litigated for over 15 years. This page covers the part of an OWI case that starts after a plea or a conviction: when the Secretary of State may let you drive on a restricted license, when an ignition interlock device is required, what the device does, and how a revoked license is reinstated. Which route applies depends on the exact charge and your record, and I look at it before I discuss any plea. I do not promise outcomes.
The short answer. After a first OWI conviction the Secretary of State suspends the license for 180 days and may issue a restricted license after the first 30 days. MCL 257.319(8)(a). A high-BAC conviction under section 625(1)(c) carries a 1-year suspension, no restricted license for the first 45 days, and an ignition interlock device on any restricted license. MCL 257.319(8)(g), (h). After a second OWI within 7 years the license is revoked, and the road back runs through a specialty court or a Secretary of State hearing officer. Nothing here predicts how your case will end.
The routes to driving again, by offense
The table lists the license routes I check first. A restricted license is not automatic. The Secretary of State acts on the conviction, not on what the judge says at sentencing, so I read the statute for the exact offense.
| Situation | License action | Restricted license | Authority |
|---|---|---|---|
| First OWI, no prior convictions within 7 years (section 625(1)(a) or (b), or (8)) | Suspension of 180 days | May be issued during part of the suspension, but not during the first 30 days | MCL 257.319(8)(a) |
| Operating while visibly impaired (section 625(3)), no prior convictions within 7 years | Suspension of 90 days, or 180 days if the impairment was due to a controlled substance or a combination of alcohol and a controlled substance | May be issued during all or part of the suspension | MCL 257.319(8)(b) |
| Section 625(6), no prior convictions within 7 years | Suspension of 30 days | May be issued during all or part of the suspension | MCL 257.319(8)(c) |
| High BAC (section 625(1)(c)), no priors within 7 years or not more than 2 within 10 years | Suspension of 1 year | May be issued, but not during the first 45 days, and only with an ignition interlock device | MCL 257.319(8)(g), (h) |
| Two or more OWI convictions, or one preceded by qualifying out-of-state convictions | Restricted license through a specialty court interlock program | After 45 days of suspension or revocation, once the specialty court judge certifies admission and an interlock is installed on each vehicle owned or operated | MCL 257.304(1), (2) |
| Revocation after two convictions within 7 years | Revocation and denial | A hearing officer may issue a restricted license after the minimum period, with an interlock on each vehicle | MCL 257.303(2)(c), (4); MCL 257.322(6) |
Section 319 describes a separate set of suspensions for other violations, and those suspensions are listed in the statute with their own restricted license rules. If your conviction is for something other than OWI, I check which subsection applies. A period of suspension or restriction required under section 319 is not subject to appeal to the Secretary of State. MCL 257.319(21).
What a restricted license lets you do
A restricted license under section 319 must permit you to take any driving skills test the Secretary of State requires and to drive in the course of your employment or occupation, and to and from any combination of your residence, your work location, a court-ordered alcohol or drug education or treatment program, the court probation department, court-ordered community service, a school where you are enrolled, a place of regularly occurring medical treatment for a serious condition for you or a member of your household or immediate family, and an ignition interlock service provider. MCL 257.319(16).
While driving on a restricted license you must carry proof of your destination and the hours of any employment, class or other reason for traveling, and show it when a peace officer asks. MCL 257.319(17). The specialty court license has its own list, which adds Alcoholics Anonymous and similar court-ordered programs, court hearings, court-ordered testing and, at the judge’s discretion, day care and school trips for a minor child, and it lets you drive only the vehicle with the interlock. MCL 257.304(4), (5). If you drive outside those limits, you risk new charges and a longer suspension. A person who violates the conditions of a section 319(8)(g) restricted license, or drives with a breath alcohol level of 0.025, faces an additional like period of suspension and restriction. MCL 257.319(8)(i).
How the ignition interlock works
The device is wired to your vehicle and requires a breath sample before the car will start. The statute sets what a certified device must do. While the vehicle is running, the device requires a first retest 5 to 15 minutes after you start the vehicle and later retests 15 to 45 minutes after the first. You have not more than 5 minutes to give a passing retest sample, and the device accepts multiple attempts without a lockout. MCL 257.625k(5)(a)(iii)(B).
If the device detects 0.025 grams or more of alcohol per 210 liters of breath, or no sample is given in time, it must emit a warning signal, make the vehicle inoperable once it is no longer being operated until you give a sample below 0.025, disable the free restart, and start a violation reset that warns the driver the device will enter a permanent lockout in 5 days. MCL 257.625k(5)(a)(iii)(B). A device must also be able to record a digital image of the person giving the sample, with the time and date. MCL 257.625k(1)(c). That is why the data log and the photos matter in any later dispute about a violation. I ask for them.
For a high-BAC restricted license, the device may be removed after the provider tells the Secretary of State that you drove with no instance of reaching or exceeding 0.025. The statute also does not prohibit removal because of a start-up test failure in the first 2 months, a later start-up failure followed by a passing sample within 15 minutes, or a failed retest followed by a passing sample within 5 minutes. MCL 257.319(8)(h).
Cost. A manufacturer must agree to provide a device without cost to a person whose gross income for the prior tax year was under 150 percent of the official poverty line. That person pays an installer a maintenance fee of not more than $2.00 per day. MCL 257.625k(5)(c). For hearing officer licenses, the cost of the device is borne by the person whose license is restricted. MCL 257.322(6)(a).
Tampering, circumvention and driving without the device
A person who is permitted to operate only a vehicle with an interlock must not drive one without a properly installed device, must not ask or allow someone else to blow into the device or start the vehicle for them, and must not tamper with or circumvent the device. Another person must not blow into your device or start the vehicle for that purpose. Each is a misdemeanor punishable by up to 6 months or a fine of up to $5,000, or both. MCL 257.625l(2)-(6).
If an officer detains a driver who may operate only with an interlock and no device is properly installed on the vehicle, the officer must impound the vehicle. If the driver owns it, the officer must confiscate and destroy the registration plate and issue a temporary plate. The owner pays removal and storage costs. MCL 257.625l(7), (9), (10). If you have a charge like this, tell me what happened with the device before you talk to the provider or the police.
Interlock as a condition of probation
The court may order, as a condition of probation, that a person convicted of violating section 625(1) or (8) not operate a motor vehicle unless it is equipped with an approved and installed interlock device. MCL 257.625(24). That order is separate from the Secretary of State’s license action, so a plea can lead to both. I look at the probation terms and the license consequence together.
The specialty court interlock route
For a person with two or more OWI convictions, the Secretary of State must issue a restricted license, subject to the exclusions in the statute, after 45 days if a specialty court judge certifies that you were admitted into a specialty court interlock program and an interlock is installed on each vehicle you own or operate. MCL 257.304(1), (2). To be considered for the program you must have two or more convictions under section 625(1) or (3), or one such conviction preceded by qualifying earlier convictions. MCL 600.1084(4).
The license is effective until a hearing officer orders an unrestricted one, and that cannot happen before the later of four things: the court reports that you completed the program, the minimum sanction period that would have applied has run, you show at least 1 year of interlock use, and you meet the other licensing requirements. MCL 257.304(6). A hearing officer may not issue an unrestricted license for at least 1 year if you consumed alcohol while restricted, as shown by breath, blood, urine or transdermal testing, unless a second test within 5 minutes showed none, or if you used a controlled substance not lawfully prescribed. MCL 257.304(7).
What can end the restricted license. The specialty court judge must immediately tell the Secretary of State if you are removed from the program, if the court learns you drove a vehicle without an interlock or tampered with, circumvented or removed one without approval, or if you are charged with a new section 625 violation. Notice results in summary revocation or suspension of the restricted license. MCL 600.1084(7), (8). A charge is enough. A conviction is not required. Before I advise anyone to enter the program, I go through those triggers with them.
Revocation, reinstatement and the hearing officer route
The Secretary of State revokes the license of a person with any combination of 2 convictions within 7 years for the listed offenses, including section 625 offenses. MCL 257.303(2)(c). Once revoked, the license cannot be reissued until the later of at least 1 year after revocation, or 5 years after a subsequent revocation within 7 years of a prior one, and until you meet the department’s requirements. For a denial as a habitual offender, you must rebut that presumption by clear and convincing evidence. MCL 257.303(4).
If you apply after that minimum period, a hearing officer may issue a restricted license. The hearing officer must require a working interlock on each vehicle you own or intend to operate, and the Secretary of State must verify installation before the license issues. MCL 257.322(6). The initial period for the device is at least 1 year. MCL 257.322(9). If the restricted license covers a vehicle owned by your employer, the Secretary of State notifies the employer of the restriction, and the employer does not have to install a device. MCL 257.322(8).
Deadlines to challenge a license decision
An appeal to a hearing officer must be in writing and filed with the Secretary of State within 14 days after the final determination. MCL 257.322(2). A petition for circuit court review must be filed within 63 days after the determination, or within 182 days if the court finds good cause. MCL 257.323(1). In reviewing a revocation under section 303, the circuit court may determine that the petitioner is eligible for restricted driving privileges. MCL 257.323(4). These clocks run on the date of the determination, not on the date of your court hearing, so bring me any license notice the day you get it.
How I handle a license and interlock problem
- Pull the license record. I get your driving record and the exact offenses and dates the Secretary of State is counting, because the 7-year and 10-year look-backs turn on them.
- Match the plea to the license rule. Before any plea discussion I work out which suspension or revocation each possible plea would cause and which restricted license route follows.
- Map your driving needs. I list where you must drive for work, school, treatment and family so the restricted license request fits the statute’s list.
- Plan the interlock. I explain the retest cycle, the 0.025 threshold, the photos and the lockout warning, and what the cost is, before the device is installed.
- Calendar every deadline. I track the 14-day and 63-day license deadlines from the date of each determination.
- Watch for violations. If a device event or a new charge threatens the restricted license, I get the data and respond quickly.
- Prepare for the hearing. If a hearing officer or the circuit court will decide, I prepare the record and the proofs the statute requires.
Ways a license problem may be resolved
The result depends on the offense, your record and the facts. These are the routes I look at.
A restricted license. Where the statute allows it, the Secretary of State may issue one, and the specialty court or a hearing officer may be the path when the license is revoked.
Review of the determination. A hearing officer can affirm, modify or set aside a final determination. MCL 257.322(5). The circuit court reviews the record for a statutory legal issue. MCL 257.323(4).
Reinstatement after the waiting period. After the minimum revocation period and the department’s requirements, a license can be reissued. MCL 257.303(4).
What I need from you
Bring your license, any Secretary of State notice, the court order or judgment, your probation terms, and the paperwork from the interlock provider. Write down the dates of your prior OWI convictions in Michigan or any other state. Tell me where you must drive each week and what hours you work. Do not drive outside the terms of a restricted license, and do not let anyone else blow into the device.
Where your Kent County OWI case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A felony begins in district court with an arraignment and, if the case continues, a preliminary examination. MCL 600.8311(c), (e). Michigan law sets the Kent County district courts by municipality. The 61st District Court serves the city of Grand Rapids, the 59th serves the cities of Grandville and Walker, the 62A serves the city of Wyoming and the 62B serves the city of Kentwood. MCL 600.8128a; MCL 600.8130(1)-(3). The 63rd District Court serves the rest of Kent County, which includes the cities of Rockford, Lowell, Cedar Springs and East Grand Rapids and the surrounding townships. MCL 600.8130(4). If the magistrate binds the case over, the felony is arraigned in the circuit court, which for Kent County is the 17th Judicial Circuit. MCL 766.13; MCL 600.8311(f); MCL 600.518. Misdemeanor OWI cases stay in the district court, which has jurisdiction over misdemeanors punishable by a fine or imprisonment not exceeding 1 year. MCL 600.8311(a).
Why people hire me for a Michigan restricted license or interlock problem
You work directly with me, the lawyer handling your case, from the first court date forward. I tell you which license rule applies to your plea options before you decide, what the device will require of you and what each deadline is. I do not promise outcomes. I build the case the facts support and prepare for trial.
Questions I hear from people about interlock and restricted licenses in Michigan
When does Michigan require an ignition interlock device after an OWI?
Michigan requires an interlock for a restricted license after a high-BAC (0.17 or more) conviction under MCL 257.319(8)(h), for the specialty court program under MCL 257.304, and for a hearing officer restricted license under MCL 257.322(6). A court may also order one as a condition of probation under MCL 257.625(24). The device prompts retests while the vehicle is in use, and a reading of 0.025 or more or a missed retest triggers a warning and keeps the vehicle from restarting.
What happens if I tamper with my ignition interlock or have someone else blow into it?
Under MCL 257.625l, tampering with or circumventing the device, asking another person to blow into it so you can drive, or blowing into someone else’s device are misdemeanors punishable by up to 6 months in jail or a $5,000 fine. Driving a vehicle without a required device is also covered, and an officer must impound that vehicle.
Can I get a restricted license after a first OWI in Michigan?
Yes, the statute allows it. After a first OWI conviction, MCL 257.319(8)(a) allows the Secretary of State to issue a restricted license during part of the 180-day suspension, but not during the first 30 days. A restricted license covers work, school, treatment, probation, community service, regular medical treatment, and the interlock provider, and requires carrying proof of your destination.
Can I drive at all after a second OWI revocation in Michigan?
Two routes exist. Under MCL 257.304, a person with two or more OWI or OWVI convictions can get a restricted license after 45 days of revocation once a specialty court judge certifies admission and an interlock is on each vehicle owned or operated. After the minimum revocation period in MCL 257.303(4), a Secretary of State hearing officer may also issue a restricted license with an interlock under MCL 257.322(6).
How do I challenge a Secretary of State license revocation after a second OWI in Michigan?
The sentencing judge does not control your license: under MCL 257.303(3) the Secretary of State revokes under subsection (2) notwithstanding a court order unless the order complies with MCL 257.323. An appeal to a hearing officer must be in writing and filed with the Secretary of State within 14 days after the final determination (MCL 257.322(2)). A petition for circuit court review must be filed within 63 days after the determination is made, or within 182 days for good cause shown (MCL 257.323(1)).
If I enter sobriety court on a second OWI in Michigan, what can end my restricted license without a new conviction?
Several events can. Under MCL 600.1084(7) the specialty court judge must immediately inform the Secretary of State if the court removes you from the program, learns you drove a vehicle without an interlock or tampered with, circumvented, or removed it without approval, or you are charged with a new section 625 violation. Notice results in summary revocation or suspension of the restricted license (MCL 600.1084(8)). A charge is enough; a conviction is not required.
Related Michigan pages
- Grand Rapids OWI lawyer
- License and implied consent
- Second offense OWI
- Driving offenses and license suspensions
- Misdemeanor defense
I represent people charged with OWI and facing license restrictions in Kent County and West Michigan. Contact me 24/7 by phone or email. Your Rights, My Fight! Call for a free initial consultation.
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Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.