Michigan Criminal & Traffic Defense: Keep Your License

Michigan Criminal & Traffic Defense: Keep Your License

Facing a traffic ticket, drunk driving charge, or criminal allegation in Michigan can jeopardize your driver’s license. This guide explains how license consequences work, common pitfalls, and defense strategies that can help protect your ability to drive.

Last reviewed: 2025-08-19 • Request a Michigan defense consultation

Why Your License Is at Risk in Michigan

In Michigan, traffic citations and certain criminal charges can lead to license points, suspensions, revocations, restrictions, or disqualifications. The Michigan Department of State (Secretary of State) administers the driver’s license points system and many licensing actions tied to traffic convictions (SOS: Points). Courts handle the criminal or civil infraction proceedings, while the Secretary of State applies points and administrative measures based on the conviction record and applicable statutes such as MCL 257.320a (points) and MCL 257.319 (suspensions and revocations). Even a single incident can affect insurance and driving privileges, and multiple matters close in time can compound the impact.

Common Scenarios That Threaten Driving Privileges

  • Alcohol or drug-related driving offenses can trigger court-imposed penalties and administrative licensing consequences under MCL 257.625.
  • Excessive speed, careless or reckless driving, and other moving violations add points that can accumulate and lead to licensing action (SOS: Points).
  • Failure to appear or comply with a judgment can result in suspension until resolved (SOS: Understanding Suspensions).
  • Accidents involving injury, fleeing and eluding, or leaving the scene may carry enhanced penalties and licensing impact under Michigan law (see Michigan Compiled Laws).
  • Commercial drivers (CDL) face stricter standards, and certain offenses can disqualify commercial driving privileges even if the conduct occurred in a personal vehicle (see 49 CFR 383.51).

How Points and the Secretary of State System Work

Michigan uses a points system managed by the Secretary of State. Points are assessed for qualifying traffic convictions and typically count for two years for point-accumulation purposes (SOS: Points). The conviction itself may remain on your driver record longer (SOS: Driver Record).

Accumulating points can result in warnings, reexamination, or more serious licensing actions, depending on your record and the Secretary of State’s Driver Assessment process (SOS: Driver Assessment, Appeals, and Restorations). Some offenses carry mandatory licensing consequences under state law (for example, see MCL 257.319 and MCL 257.625), while others depend on the totality of your record and the case outcome.

Immediate Steps If You’re Cited or Charged

  • Do not ignore a ticket, arraignment notice, or court date—missed appearances can cause a suspension until resolved (SOS: Understanding Suspensions).
  • Request a consultation quickly to assess exposure and deadlines for contesting the charge or seeking restricted privileges where available.
  • Preserve evidence: dashcam footage, GPS data, witness information, medical records, and maintenance logs can be crucial.
  • Avoid making statements to law enforcement without counsel when the matter could have criminal consequences.
  • CDL holders should seek guidance specific to federal and Michigan CDL rules (see 49 CFR 383.51).

Practical Tips to Reduce License Risk

  • Request your official driver record early to spot point totals or prior entries that affect negotiations (SOS: Driver Record).
  • Enroll proactively in a recognized driver improvement or alcohol education program if appropriate; completion can aid resolution.
  • Centralize documents in a single folder so nothing is missed at hearings or court.

Driver Readiness Checklist

  • Calendar all court and hearing dates plus response deadlines.
  • Save and back up videos, photos, and location data.
  • List witnesses with contact details and what they observed.
  • Gather maintenance, calibration, or medical records relevant to the incident.
  • Consult a Michigan attorney before entering any plea.

Defense Strategies That Help Protect Your License

  • Challenge the basis for the stop, detention, and any search when the legal grounds are weak.
  • Scrutinize radar/LIDAR calibration, officer training, and pacing methods in speeding cases.
  • In OWI/OWVI matters, examine chemical test procedures, instrument maintenance, observation periods, and relevant medical or environmental factors.
  • Seek charge reductions to non-reportable or lower-point offenses when appropriate and lawful.
  • Negotiate alternatives such as driver improvement programs or probationary outcomes when permitted.
  • For refusals and other administrative actions, act quickly—strict deadlines apply and hearing rights exist under Michigan’s implied consent statute (MCL 257.625f; see also SOS: Appeals & Hearings).

Court vs. Secretary of State: Parallel Tracks

Your court case and the Secretary of State’s administrative process can run on separate tracks with different timelines. A favorable plea or dismissal in court may mitigate points or sanctions, but administrative actions (such as implied consent consequences) may still require separate attention and hearings (MCL 257.625f; SOS: Appeals & Hearings).

Commercial Drivers (CDL) Considerations

CDL holders are subject to heightened standards. Certain offenses can disqualify commercial driving privileges—sometimes even for conduct in a personal vehicle—under federal regulations and applicable state law (see 49 CFR 383.51). Prompt legal action is critical to assess disqualification risks and any options for continued non-commercial driving if a disqualification occurs.

Out-of-State Drivers and Michigan Incidents

If you are licensed in another state, a Michigan conviction may be reported to your home state, which can impose its own licensing consequences under its laws. Coordinating with counsel who understands interstate implications can help minimize fallout.

Act Early to Protect Your License

Deadlines for contesting charges, requesting hearings, or pursuing restricted privileges can arrive quickly and vary by situation. Early intervention allows for evidence preservation, discovery requests, and strategic negotiations that can make a decisive difference in license outcomes. Contact our team as soon as possible.

How Our Firm Can Help

  • Rapid assessment of licensing exposure and deadlines.
  • Court and Secretary of State representation for hearings and appeals.
  • Evidence review, expert consultation, and motion practice to challenge weak cases.
  • Negotiation for reduced charges, alternative resolutions, and record-protection strategies.
  • Guidance tailored to teens, professional drivers, and CDL holders.

FAQ

How long do points stay on my Michigan record?

Points count for two years for accumulation purposes, but the conviction can remain on the driver record longer (SOS: Points; SOS: Driver Record).

Can I get a restricted license after an OWI?

Availability depends on the specific offense, timing, and statute involved. Some sanctions are mandatory; others allow restricted privileges after conditions are met. Consult a Michigan attorney promptly.

Do I need to fight an implied consent refusal separately?

Yes. Implied consent actions follow their own deadlines and hearings, independent of the criminal case (MCL 257.625f).

Will a Michigan ticket affect my out-of-state license?

It can. Michigan may report the conviction to your home state, which may impose its own consequences under its laws.

What should I bring to my first attorney meeting?

Bring the citation or complaint, any notices, your driver record, proof of insurance, relevant videos or photos, and a list of witnesses.

Ready to protect your license? Schedule a Michigan defense consultation today.

Key legal sources

Michigan-specific disclaimer

This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. Michigan laws and procedures change, and outcomes depend on specific facts. Consult a licensed Michigan attorney about your situation. Contact us to discuss your case.

Legal Services