Handbook on driver's hardship law and procedures providing valuable information for Attorneys and their Clients.
Michigan Driving Hardship Licenses Handbook - Driver's Hardship
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How to fill out Driving Hardship Licenses Handbook - Driver's Hardship?
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Your restricted license will allow you to go to and from your work, school, court probation, community service, and alcohol and drug treatment. However, it is important to note that you must carry proof of your destination with you at all times.
If you refused a breathalyzer test, and are found not guilty on the OUI charge, there is a presump- tion that your license would be reinstated. Otherwise, the only way to get a hardship license if your refuse the breathalyzer test is by resolving the OUI charge by way of a plea agreement.
Hear this out loud PauseYou will have zero driving privileges while your driver's license is suspended during the first 30 days after a first OWI in Michigan, or for 45 days after a high BAC OWI. However, unlike a revoked license, you will become eligible automatically for a restricted license after the 30 day or 45 day period is over.
Here are the rules for each test: Field sobriety tests ? Contrary to what many people believe, field sobriety tests are not mandatory. You are not required to take these voluntary tests, and you may want to politely refuse to take them if an officer asks you to step out of the vehicle.
Hear this out loud Pause1st Operating While Impaired Conviction ? Your license will be restricted for 90 days. 1st DUI or OWI conviction ? Michigan requires at least a 6-month suspension of driving privileges for a 1st In many cases, however, a restricted license will be granted after 30 days.
Hear this out loud PauseThe most important parts will be the substance abuse evaluation and any subsequent following of that recommendation along with the daily alcohol testing. Neither is required, but the substance abuse evaluation is expected, and daily alcohol testing is usually the cherry on top of receiving the hardship license.
No, it's not a crime to refuse to blow into a PBT to determine how drunk or impaired you are. But if you do refuse to take a breathalyzer test, you're violating the Michigan Vehicle Code. Believe me, the Secretary of State penalties ARE HARSH. 6 points are automatically added to your driving record.
Hear this out loud PauseThe petition must be made in the circuit court of the county of arrest, and you're only eligible on your first implied consent refusal. The standard to receive a hardship license is ?hardship?. The petitioner must show why not having the ability to drive is impacting their job, school or other obligations.
