How Does an OWI Conviction Affect Your Drivers License in Genesee County | Genesee County OWI Drivers License Defense Attorney

The ability to drive to work, school, and entertainment functions is something that residents of Genesee County rely on daily.  Being arrested for an OWI by a Genesee County Law Enforcement Officer will likely result in the loss of your Michigan Driver's License. A Genesee County DUI attorney can help you to fight to keep your license. If you refused to submit to a breath test, you only have 14 days to request an Implied Consent Hearing. Do not delay. Schedule a free initial consultation with an experienced Genesee County Drunk Driving Defense Attorney today. 

If you are arrested and charged with an OWI offense in Genesee County, a suspension of your Michigan Driver's License is not necessarily automatic! 

Contact a Genesee County OWI lawyer to request an Implied Consent Hearing within 14 days of your OWI Arrest!

 

When can my Michigan Driver's License be suspended as a result of a Genesee County drunk driving violation?

Drinking alcohol is not illegal, but when you decide to Drive Under the Influence of alcohol or drugs, then you risk losing your Michigan driver's license and Genesee County driving privileges. If you are pulled over by a Genesee County Law Enforcement Officer under suspicion of Driving Under the Influence and are subsequently arrested for intoxicated driving, your Michigan Driver's License may be suspended. 

In Michigan, there are two different ways in which you can lose your driver's license following an OWI Arrest:

  1. As a result of a criminal plea or conviction; and/or
  2. Automatic suspension by the Michigan Department of State for an Implied Consent violation. 

It is possible to obtain an acquittal in court but still lose your license due to an implied consent violation.  This may appear to constitute "double jeopardy" since you are being tried for a criminal offense and punished (which could include a suspension of your Michigan Driver's License) in court, and are also subject to license suspension in a separate proceeding before the Department of State. The Michigan Courts, however, have reasoned that the Constitutional protection against "double jeopardy" does not apply in cases of DUIs since one punishment is "criminal" and the other "administrative."   

Contact a Michigan DUI Lawyer to ensure that you minimize the time you are without a Michigan Driver's License.

The cost of losing your license is compounded by driver responsibility fees, points on your driver's license, probable increases in your insurance rates, and the mandatory requirement of carrying SR-22 Insurance for 3 years from the date driving privileges have been reinstated.

Genesee County OWI Driver's License Suspensions

If you are arrested for an OWI in Michigan, the arresting officer will request that you submit to a chemical test (breath, blood, or urine) of his or her choosing to determine intoxication. If you fail this test, the officer will destroy your Michigan Driver's License and you will be issued a document from the Michigan Secretary of State. This document serves as (1) formal notice of immediate suspension of your driver's license, (2) a paper permit valid until your criminal case is resolved in court, and (3) an explanation of the Michigan OWI laws and procedures involved.  

If this is your first Michigan OWI offense, your license will be suspended for 30 days, followed by license restrictions for 150 days. The restricted license is granted automatically upon the completion of the license suspension (provided the reinstatement fee is paid). A restricted license will allow a person to drive to and from work, school, home, and certain medical appointments depending on the individual's circumstances. An experienced Genesee County OWI lawyer will be able to help you with any questions as to how the license suspension process will affect your particular case. 

For a full list of Michigan OWI Penalties, including driver's license suspensions, see the Genesee County OWI Felony and Misdemeanor Penalties page. For a full list of Michigan OWVI Penalties including driver's license suspension provisions, see the Genesee County OWVI Penalties page

Bicycle Shops in Genesee County, Michigan

If you have been arrested for a Genesee County OWI, you may have a hard time getting around during your license suspension. Below is a small selection of bike shops in Genesee County that could help you with your drunk driving related transportation issues. 

Bicycle repair and sales
W Flint St
Davison MI, MI 48423
(810) 658-9215

Al's Quick-Release Bicycle
322 W Flint St
Davison, MI 48423
(810) 658-9215
West Gamble Store
146 West Vienna Street
Clio, MI 48420
(810) 686-0920

Cycle-Fit & Snowsports
1006 North Leroy Street
Fenton, MI 48430
(810) 750-2348

Spokes Cindy
5468 S Saginaw Rd
Flint, MI 48507
 (810) 694-0200
Cycle Fit
502 S Pine St
 Fenton, MI 48430
(810) 750-2350

Implied Consent Refusals and Genesee County OWIs

If you refused to submit to chemical testing, you have broken Michigan's Implied Consent Law. 

Refusing to take this test has driver's license consequences that are separate from those that result from any conviction that flows from the traffic stop. You may request an administrative hearing regarding the alleged refusal. At the hearing, the law enforcement officer would have to prove certain things before the statutory consequences would apply. If you do not request the hearing, or if the officer proves his or her case at the hearing, the following will happen:

  • Six points will be added to your driving record.
  • Your license will be suspended for 1 year if it is the first time you refused to take the test under the Implied Consent law.
  • Your license will be suspended for 2 years if you refused to take the test one or more times within the preceding 7 years. There are no hardship appeals in circuit court for a restricted license in this situation.

If you refuse to take the test, or if the test shows that your BAC is 0.08 or higher, the law enforcement officer will destroy your driver license, and will issue a paper permit to you. To implement this procedure, two forms were created; the “Breath, Blood, Urine Test Report”, DI-177 for “failures”, and the “Officers’ Report of Refusal to Submit to Chemical Test”, DI-93 for “refusals.” Officers now submit the “Written Report of Refusal” by LEIN to the Department of State. In addition, officers enter “failure” data to update arrest and infrared databases.

Both the DI-177 and the DI-93 forms include a temporary permit that is valid until the underlying case is acquitted, dismissed, or a licensing action has been imposed by the agency. The appropriate document is given to the operator. The Chemical Test Rights are included on the back of these permits so that the Department does not have to mail these when a hearing is requested. In addition, the “refusal” form (DI-93) includes the operator’s appeal rights. A second page in this document is entitled, “Request for Hearing.” This, too, is given to the operator to facilitate the appeal process.
 

Alcohol Abuse Therapists in Genesee County, MI 

Dr. Matthew Dickson
1441 E Maple Ave
Burton,  Michigan  48529
(810) 882-1925

Ms. Rachelle Y. McGarry
8435 Holly Road
Grand Blanc,  MI 48439
(810) 395-5044
John Ridgeway
G-4511 Miller Rd
Flint,  Michigan  48507
(810) 991-4746
Paul Fatell, Ph.D., P.C.
1510 S. State Road
Davison,  Michigan  48423
(810) 214-2594

Ms. Michele Jan Gustafson
8435 Holly Road
Grand Blanc,  Michigan  48439
(810) 689-4940

James E. Ryan
G-4511 Miller Rd
Flint,  Michigan  48507
(810) 395-5082
 

What Can I Do To Fight an Implied Consent Suspension of my Michigan Driver's License?

As soon as possible after your arrest, you should contact a qualified Genesee County DUI Attorney.  You only have 14 days!

A driver has 14 days to appeal an Implied-consent refusal. If an appeal is not requested in a timely manner, the suspension begins automatically. If a timely request for hearing is made, the suspension is “stayed” until the matter can be reviewed at a Driver License Appeal hearing. The elements of an Implied-consent refusal are outlined in MCL 257.625f(4). The burden of proof is on the police officer party by a preponderance of the evidence, Administrative Rule 257.310(8) and (9). Drivers have the burden of proof for any affirmative defenses. License Appeal Hearing Officers have an affirmative duty to assist all unrepresented parties in presenting their case to properly develop a complete record, Rule 257.310(3). Other issues related to Implied-consent hearings, including a permissive hearsay rule, and other evidentiary issues, are addressed in various sections of the Department Administrative Rules. Case law summaries addressing Implied-consent hearings can be found in a later part of this section.

What Issues are Appealable at a Michigan Implied Consent Hearing?

MCL 257.625f limits the issues appealable at a Genesee County Implied Consent Hearing to the following ONLY:

  1. Whether the peace officer had reasonable grounds to believe that you committed a crime in MCL 257.625c(1).
  2. Whether you were placed under arrest for a crime described in MCL 257.625c(1).
  3. If you refused to submit to a chemical test upon the request of the officer, whether the refusal was reasonable.
  4. Whether you were advised of your rights under MCL 257.625a.

Contact a Genesee County OWI Attorney today to fight your implied consent violation in an administrative hearing before the Michigan Department of State. 

What Do I Need To Do in Order to Get a Restricted License? 

A restricted license allows limited Michigan driving privileges. These privileges are generated automatically pursuant to MCL 257.319, based upon Michigan DOS's receipt of conviction information. The Department exercises no discretion but will issue the sanction as prescribed by law. It is important that operators carry proof of destination and hours when operating a vehicle. Proof is required so that law enforcement officers can insure compliance with the restrictions authorized. Restrictions include:

  • In the course of the person’s employment or occupation.
  • To and from any combination of the following:
    • The person’s residence. 
    • The person’s work location. 
    • An alcohol or drug education or treatment program as 
ordered by the court. 
    • The court-ordered probation department. 
    • A court-ordered community service program. 
    • An educational institution at which the person is 
enrolled as a student. 
    • A place of regularly occurring medical treatment for a 
serious condition for the person or a member of the person’s household or immediate family.


Section 319 suspensions will be for a definite period of time with “from” and “through” dates. When a “through” date is reached, the driver need merely pay the reinstatement fee to obtain a full license, if there are no other open licensing actions. If no fee is paid, the driver is on an “invalid” license status. 
However, restrictions or suspensions may also be “indefinite” in nature, and will not terminate until approved for relicensure by the Department or a court.

When a license is denied, the person does not have a license and is not eligible for renewal. Reasons for denial could be the inability to pass a road test or because of some health problem which prevents the person from operating a motor vehicle safely. 
Department analysts may also impose terms and conditions on licensure. These are generally a part of the probationary program. For example, the number of passengers in a vehicle operated by a young driver may be limited. Talk to your Michigan OWI Lawyer about license reinstatement for your Genesee County Drunk Driving case. 

Hotels in Genesee County, Michigan

Instead of driving drunk and risking an OWI, perhaps it would be a more wise decision to stay in a Genesee County Hotel such as one of the following:

Sleep Inn
2325 East Austin Avenue
Flint Township, MI 48507
(810) 232-7777

Holiday Inn
1150 Robert T Longway Boulevard
Flint, MI 48503
(810) 238-7744
Fairfield Inn & Suites
3125 W Silver Lake Rd
Fenton, MI 48430
 (810) 629-0400
Linden Hotel
122 E Broad St
Linden, MI 48451
 (810) 735-5780

Holiday Inn
3405 Regency Park Dr
Grand Blanc, MI 48439
(800) 345-8082

Residence Inn-Flint
2202 W Hill Rd
 Flint, MI 48507
(810) 424-7000
Royal Hotel
4010 Milton Dr
Flint, MI 48507
 (810) 743-8953
Wingate by Wyndham
1359 Grand Pointe Court
 Grand Blanc, MI 48439
 (866) 559-6949


Genesee County OWI Attorneys serve the entire Genesee County Metropolitan Area!

The Genesee County OWI criminal defense attorneys on this page can represent you in all matters involving your OWI charge, including: DUI Arrest, an implied consent Hearing, Felony OWI crimes, chemical testing procedures, Zero Tolerance DUI charges, OWPD drug charges, and stop and arrest information. 

The Genesee County OWI defense lawyers can represent you throughout Eastern Michigan, including Ann Arbor, Brandon Gardens, Bridgeport, Brighton, East Lansing, Fenton, Flint, Hartland, Lansing, Lapeer, Owosso, Pontiac, Rochester Hills, Saginaw, Waterford, West Bloomfield, and other communities in Genesse County.