I am often asked to explain the difference in Michigan between a restricted license and a revoked license. Here is an example of how the question might be asked:
Q: Is there an important distinction between a 1 year suspension and a 1 year revocation?
A: Yes, there is an important distinction. Simply stated, a revocation puts the offender in the position they were in before they ever had a license. Afterward, the ONLY way for the offender to then get a license is to go through the restoration process. On the other hand, with a suspension, the offender gets the license back automatically after a given period of time. The offender need only pay the reinstatement fee (and any applicable driver responsibility fees).
Here are the definitions from DrCorby.com:
Revocation: This means the permanent loss of the driver license and privilege to operate a motor vehicle. After the minimum period of revocation, (one year or five years) drivers may re-apply for a license and try to prove they will be safe drivers in the future. The agency may deny the license or grant a restricted license.
Suspension: This means the temporary loss of a driver license for an established period of time. Upon expiration of the suspension period and payment of a $125 reinstatement fee, the license will be returned.
Suspensions apply to first offense drunk driving cases and also in many other circumstances such as where the offender has accumulated too many points. Generally speaking, revocations only apply to repeat drunk drivers.
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baronedefensefirm – who has written 204 posts on .
Patrick T. Barone is the author on two books on DUI defense including the well respected two volume treatise Defending Drinking Drivers (James Publishing), and The DUI Book – A Citizen’s Guide to Understanding DUI Litigation in America. He is also the author of a monthly DUI defense column for the Criminal Defense Newsletter, published by Michigan’s State Appellate Defender’s Office. Mr. Barone is an adjunct professor at the Thomas M. Cooley Law School where he teaches Drunk Driving Law and Practice. He is also on the faculty of the Criminal Defense Attorney’s of Michigan’s Trial Lawyer’s College where he provides trial skills training to Michigan’s criminal defense practitioners. Mr. Barone lectures nationally on various DUI defense topics, and he has appeared in newspapers, on television and on radio as a drunk driving defense expert. Mr. Barone has been certified as an instructor and practitioner of the Standardized Field Sobriety Tests and has also attended a 24-hour certification course at National Patent Analytical Corporation (the manufacturer of the DataMaster) and has thereby been deemed competent by the manufacturer to operate, perform essential diagnostic verifications and calibration checks on the DataMaster. Mr. Barone is a Sustaining Member of College for DUI Defense. Mr. Barone is the principal and founding member of The Barone Defense Firm, whose practice is limited exclusively to defending drinking drivers. The Firm is headquartered in Birmingham, Michigan.
