Driving While License Suspended in Michigan

A plain-language look at a Michigan driving while license suspended (DWLS) charge: what it covers, the penalties, the added suspension and plate cancellation, why licenses get suspended, and the basics of license restoration.

What the Charge Covers

Michigan's law on driving while license suspended is MCL 257.904. It makes it a crime to drive a motor vehicle on a road or any place open to the public, including a parking lot, if your license is:

  • Suspended
  • Revoked
  • Denied
  • Never applied for

It is also a crime for a vehicle owner to knowingly let someone in one of these situations drive the owner's car.

A suspension can come from an unpaid ticket or a missed court date, sometimes without the driver realizing it. Getting a copy of your driving record is the first step to understanding your case.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

Penalties and Plate Cancellation

At a high level:

  • First offense: a misdemeanor with up to 93 days in jail, a fine of up to $500, or both.
  • After a prior conviction: a misdemeanor with up to 1 year in jail, a fine of up to $1,000, or both.

In both cases, the Secretary of State must cancel the registration plates of the vehicle you were driving once notified by the officer, unless the vehicle was stolen or, for a first offense only, you were driving with the permission of someone who did not knowingly let an unlicensed driver use it.

Driving while suspended that causes serious injury or death is a felony with much higher penalties.

A conviction also adds 2 points to your driving record. A separate traffic violation that causes an at-fault crash can add more. HYTA youthful trainee status is not available because DWLS is a Vehicle Code traffic offense, but the court may delay sentencing for up to one year under MCL 771.1.

Arraignment and More Suspension Time

Your first court date is the arraignment, in the district court where the incident happened, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County). Under the Michigan Court Rules, the court must tell you:

  • The charge and the maximum sentence the law allows
  • Your right to a lawyer at every court date, including the arraignment, and to a trial, including a jury trial when the law provides one
  • Your right to an appointed lawyer if you cannot afford one and jail is possible

The court also sets your release terms, such as bond and any conditions.

A DWLS conviction usually adds more time to your suspension:

  • Under a suspension of a set length, or a revocation: another period of the same length.
  • Under an indefinite suspension, such as for an unpaid ticket: 30 more days.

There is a one-time exception. If you had only one active suspension and it was for failing to appear or failing to pay on a ticket, the added time does not apply. It can be used only once in your lifetime.

A second suspension or revocation under this law within 7 years can also lead to the vehicle being immobilized.

Why Licenses Get Suspended: Missed Court and Unpaid Tickets

One of the most common causes of a suspension is a missed court date or an unpaid ticket. Under MCL 257.321a, if you fail to answer a ticket, miss a court date, or do not pay fines and costs, the court mails you a notice. If you do not take care of it within 14 days after that notice, your license is suspended.

That suspension stays in place until both of these happen:

  • Each court involved notifies the Secretary of State that you have appeared or paid
  • You pay the court a $45 clearance fee for each missed appearance or unpaid ticket

When you resolve a matter, the court must give you a copy of the information it sends to the Secretary of State. Keep it in your vehicle. If you show that copy, you cannot be arrested or ticketed for driving on a suspended license based on that matter, even before the state updates its records.

License Restoration Basics

Getting your license back depends on why it was suspended or revoked.

  • Get your current driving record from the Secretary of State. It lists every open suspension and the reason for each.
  • Resolve each open court matter, such as old tickets or missed dates, and pay any clearance fees.
  • Pay the $125 reinstatement fee to the Secretary of State when it applies. Since October 1, 2021, this fee is waived for suspensions based on reasons that are no longer grounds for suspension under the law.

A revocation is different from a suspension. To get a revoked license back, you usually need a hearing with the Secretary of State's Office of Hearings and Administrative Oversight. That process can require a hearing request form, a substance use evaluation if you have any alcohol or drug arrests, a laboratory drug screen, and letters of support. There is no right to an appointed lawyer at these hearings.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your ticket or charging papers, your bond paperwork, your court notices, a current copy of your driving record, any notices from the Secretary of State, and receipts or papers showing you paid or resolved old tickets.

What not to do:

  • Do not talk about your case on social media.
  • Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
  • Do not keep driving until you confirm your license is valid. Each new charge can add more suspension time.
  • Do not throw away the papers a court gives you when you resolve an old ticket. Keep them in your vehicle.
  • Do not miss court. A missed date can lead to a bench warrant.

A DWLS case is often as much about fixing your license as it is about the charge itself. Find out exactly why your license was suspended, resolve each cause, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a driving while license suspended charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

Related: Criminal Defense · All Legal Guides · Schedule a free consultation

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.