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Traffic misdemeanor defense

Driving while license suspended in Michigan

One of the most common charges in Michigan, and one that can snowball. Here is how to stop it.

Quick answer

Driving while license suspended or revoked is a misdemeanor in Michigan. A first offense is punishable by up to 93 days in jail and a $500 fine, and a second by up to one year and $1,000. It also usually adds more suspension time, so fixing the underlying license problem is often the key to a good result.

Driving while license suspended (DWLS) is one of the most common charges in Michigan district courts, and it tends to snowball: each new charge can mean more suspension time, more fines and more trouble getting back on the road.

Penalties

ChargeClassificationMaximum penalty
First offenseMisdemeanorUp to 93 days in jail, up to $500 fine
Second or later offenseMisdemeanorUp to 1 year in jail, up to $1,000 fine
Causing serious impairment of a body functionFelonyUp to 5 years in prison
Causing deathFelonyUp to 15 years in prison

Maximum penalties under Michigan law. Actual outcomes are often far lower, especially when the underlying license problem is resolved.

A conviction usually also adds more suspension or revocation time to your license.

Fix the license, fix the case

Many suspensions come from unpaid tickets, missed court dates or insurance lapses. Michigan has also changed its laws in recent years so that some types of suspensions no longer apply. Often the best outcome starts with finding out exactly why your license was suspended and getting it reinstated before your court date. Courts and prosecutors frequently treat a case very differently when the defendant shows up with a valid license.

How we defend DWLS charges

  • Review your Secretary of State record and the reason for the suspension.
  • Check whether you received proper notice of the suspension.
  • Help resolve the underlying tickets or court matters.
  • Negotiate a reduction, such as to a civil infraction, or a dismissal where possible.

Frequently asked questions

Can I go to jail for driving on a suspended license in Michigan?

Yes. A first offense is a misdemeanor punishable by up to 93 days in jail, and a second or later offense by up to one year. Many first offenses are resolved without jail, especially when the license problem has been fixed.

I didn’t know my license was suspended. Is that a defense?

It can be. Notice of the suspension is often an important issue. We review the Secretary of State records and whether notice was properly sent.

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