If you receive a second OWI conviction within 7 years of a prior conviction, your license will be revoked. A second conviction more than 7 years after a prior conviction will not revoke your driver’s license.
If you receive 2 OWI convictions within 7 years, the Secretary of State determines that you have an alcohol abuse problem and are unsafe to operate a vehicle on Michigan roads. The revocation will prevent you from being eligible to obtain a driver’s license in any other state.
The revocation of your driver’s license requires a hearing with the Secretary of State where you must prove by clear and convincing evidence that you have your alcohol or substance abuse under control and are safe to drive again. You are not eligible to attempt to get your license back for 1 year.
Although both the court and Secretary of State work together, they are independent agencies, and there are instances where your court case can be dismissed, but there are still repercussions on your driver’s license.
For example, if you refuse a chemical test after an OWI arrest your license may be suspended for one year regardless of the outcome of the criminal case. An attorney specializing in OWI defense knows both the criminal rules and the Secretary of State’s rules and regulations.
If you have been accused of OWI and you have a previous conviction, it is important that you contact an attorney who is experienced with both criminal law and the secretary of state administrative process.
