What Happens to Your Driver’s License After A DUI Arrest?
You keep driving at first. Michigan police confiscate and destroy the plastic license at the time of an alcohol-related arrest and hand over a temporary paper permit in its place. That permit remains in effect until either the case ends or the Secretary of State takes action.
What Is the Temporary Permit the Officer Hands You?
The paper permit places no new restrictions on when or where you drive. It functions as your license, and you carry it the same way, including at a traffic stop or a district court arraignment.
The expiration rules depend on whether charges are filed. The 90-day limit applies when prosecutors do not bring charges. Once charges are filed, the permit generally remains valid until the case ends or your license is suspended, restricted, or revoked.
What Happens If You Refuse the Chemical Test?
Declining the evidentiary breath, blood, or urine test after arrest triggers a consequence handled entirely by the Secretary of State. A first refusal brings a one-year suspension and six points. A second refusal within seven years doubles the suspension to two years.
You have 14 days from the arrest to request a hearing, and Michigan’s implied consent statute (MCL 257.625f) limits that hearing to four narrow questions about the officer’s grounds, the arrest, the request, and the refusal itself. The suspension is administrative rather than criminal, meaning it survives even a complete win in court. Beating the DUI/OWI charge outright does nothing to undo a refusal suspension that was never challenged.
What License Penalties Follow A Conviction?
Sanctions attach automatically once a conviction is entered. The category of the offense controls the outcome:
- Standard OWI (First Offense): Thirty days with no driving at all, followed by 150 days of restricted driving.
- High BAC OWI (0.17 percent or Higher): Forty-five days of no driving, then 320 days of restricted driving with an interlock device installed.
- Operating While Visibly Impaired (OWVI): Ninety days of restricted driving with no hard suspension period at the front end.
- Repeat Offenses: Revocation rather than suspension, lasting at least one year and often five.
Points land on the record separately and follow you to insurance renewal. A refusal suspension can also run alongside any of these.
What Does a Restricted License Actually Allow?
Restricted driving applies to a defined list of destinations rather than to general freedom to drive. Restricted licenses allow the following:
- Travel in the course of employment
- Trips to and from work
- Court-ordered testing, treatment, and probation appointments
- Medical care for you or a household member
- Attending classes at an educational institution
Driving outside those categories is a separate offense. Documenting your route and purpose protects you if you’re stopped.
Two Cases Open at Once, One License to Protect
An arrest opens a criminal matter in district court and an administrative matter with the Secretary of State, and the two run on separate tracks with separate outcomes. Our team at Spickard Law builds strong defenses against DUI charges. Contact us online, or call (517) 908-0818 to find out what your permit currently allows and what comes next.