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What Happens with the Michigan Secretary of State After an OWI Arrest?
In Michigan, OWI—or Operating While Intoxicated—is more than just a criminal charge. It also triggers an entirely separate process involving the Michigan Secretary of State, which handles driver’s license actions and administrative hearings. While the court system determines guilt and sentencing, the Secretary of State handles license suspensions, revocations, and reinstatement procedures.
This creates a dual-track system: one legal, one administrative. Even if your OWI case is dismissed in court or reduced, the administrative consequences can still affect your driving privileges. That’s why understanding how DMV (Secretary of State) hearings work is essential for any Michigan driver facing an OWI.
This article offers a clear, step-by-step explanation of what to expect from the Michigan DMV side after an OWI arrest, how hearings are triggered, and what outcomes are possible.
The Role of the Secretary of State in OWI Cases
Michigan doesn’t use a traditional DMV. Instead, all driving-related administrative actions—including licensing—are handled by the Secretary of State (SOS). After an OWI arrest, the SOS is automatically notified and begins reviewing the case for administrative action. These actions are separate from criminal court and are governed by Michigan’s Implied Consent Law and vehicle code.
Common SOS actions include:
- Suspending or revoking your license
- Imposing points on your driving record
- Assigning restricted driving privileges
- Requiring reinstatement fees or hearings
In most cases, license actions begin automatically, based on factors like refusal to take a chemical test or results showing a BAC over 0.08%.
Implied Consent and Chemical Test Refusals
One of the most immediate triggers for a DMV hearing in Michigan is refusing a post-arrest chemical test (not the roadside preliminary breath test). Under Michigan’s Implied Consent Law, drivers agree to submit to testing if lawfully arrested for OWI.
If you refuse a chemical test after arrest:
- The officer issues a temporary license permit
- You receive a “Request for Hearing” form (DI-93)
- You have 14 days to request a hearing through the SOS
If you don’t request the hearing in time, the SOS will automatically suspend your license for one year (first refusal) or two years (subsequent refusals).
This hearing is not about guilt or innocence in court. It focuses only on:
- Whether the officer had reasonable grounds to arrest
- Whether you were informed of your rights
- Whether you actually refused the test
These hearings are typically held at one of Michigan’s Driver Assessment and Appeal Division (DAAD) locations and are conducted by a hearing officer—not a judge.
Administrative Suspensions Based on BAC
Even if you did take the chemical test and failed it (BAC ≥ 0.08% for standard drivers), the SOS may still take action against your license. For example:
- A first OWI conviction can lead to a 180-day license suspension, with 30 days of no driving, followed by restricted privileges
- A High BAC (≥ 0.17%) conviction may result in longer suspension periods and ignition interlock requirements
- Repeat offenses within 7 years can lead to revocation, not just suspension
In these cases, the license action is often handled after conviction, but penalties are severe and may require additional hearings for reinstatement later.
Unlike the chemical test refusal hearing, you don’t request these administrative actions—they are automatically applied based on court outcomes and reported convictions.
Requesting and Attending the DMV Hearing
If you receive a DI-93 form due to chemical test refusal, you must act quickly. Here’s how the process works:
- File the hearing request within 14 days of receiving the notice
- The SOS schedules the hearing at the nearest DAAD office
- At the hearing, both you and the arresting officer may testify
- You may present evidence or documentation to support your case
- The hearing officer issues a decision shortly after
These hearings are limited in scope. The only questions considered are:
- Did the officer have legal grounds to stop and arrest you?
- Were you properly advised of the Implied Consent warning?
- Did you actually refuse the test?
Even if you later win your court case or get charges reduced, a refusal ruling at this hearing still results in license suspension.
License Reinstatement and Appeal Options
If your license is suspended or revoked due to either chemical test refusal or OWI conviction, Michigan law provides a pathway for reinstatement or appeal.
Reinstating a Suspended License
For first-time suspensions:
- Serve the required no-driving period (e.g., 30 days for first OWI)
- Pay a reinstatement fee to the SOS
- Obtain proof of insurance (SR-22) if required
- Comply with any additional court orders or treatment programs
No additional hearing is needed unless you’re seeking a restricted license earlier than scheduled.
License Revocation (Usually After Second or Third OWI)
Revocation is more serious and long-term. To restore a revoked license:
- Wait the required minimum revocation period (usually 1 or 5 years)
- Apply for a DAAD reinstatement hearing
- Submit multiple substance use evaluations, letters of support, and proof of sobriety
- Possibly install an ignition interlock device if a restricted license is granted
These hearings are formal and require preparation. Many applicants hire an attorney to help navigate the process.
DMV Hearings vs. Criminal Court: Key Differences
Michigan’s DMV hearing process is independent from criminal court proceedings. You can lose your license before, during, or after your court case, depending on how the administrative process unfolds.
Here’s how they differ:
| Topic | DMV (SOS) Hearing | Criminal Court |
|---|---|---|
| Overseen By | Hearing Officer (DAAD) | Judge |
| Focus | License and driving privileges | Guilt or innocence under OWI laws |
| Trigger | BAC ≥ 0.08 or refusal to test | OWI arrest and prosecution |
| Standard of Proof | Preponderance of Evidence | Beyond a Reasonable Doubt |
| Outcome | Suspension, Revocation, Interlock Orders | Jail, fines, probation, conviction |
| Appeal Options | DAAD appeal or circuit court review | Appeal through Michigan court system |
Understanding that both processes are separate but equally important helps drivers make informed decisions after an OWI arrest.
FAQ: Michigan DMV Hearings After OWI
What is the 14-day rule after an OWI arrest?
If you refuse a chemical test, you have 14 days to request a hearing. Missing this deadline leads to automatic license suspension.
Can you win a refusal hearing?
Yes, but only if you can prove the officer didn’t follow legal procedures or you didn’t actually refuse the test.
Do court outcomes affect DMV suspensions?
Sometimes. A conviction will trigger SOS actions. However, refusal-related suspensions happen regardless of the court case outcome.
What happens if you don’t show up to the hearing?
The hearing officer will rule in favor of the state by default, and your license will be suspended.
Can you get a restricted license during suspension?
Yes, depending on the offense and circumstances. First-time OWI suspensions often allow restricted licenses after a brief no-driving period.
Do I need a lawyer for the DMV hearing?
It’s not required, but many drivers use legal help—especially in complex cases or when seeking license reinstatement after revocation.
Can you appeal the DMV hearing decision?
Yes. You can request a circuit court review, though the process is more formal and must be filed within strict timelines.
Conclusion
After an OWI arrest in Michigan, the legal process doesn’t stop at the courthouse. The Michigan Secretary of State handles administrative actions like license suspension, test refusal hearings, and reinstatement—often on a separate timeline from the criminal case. Understanding this dual process is essential for drivers trying to navigate the aftermath of an OWI.
To learn how your OWI arrest progresses through both the court and administrative systems, visit our detailed guide on the OWI process and timeline.
For a full explanation of what to expect during the DMV side of things, check out our post on DMV hearings and license actions after an OWI arrest.