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Understanding Restricted and Hardship Licenses in Michigan OWI Cases
When someone is convicted of Operating While Intoxicated (OWI) in Michigan, one of the most immediate and life-altering consequences is the loss of driving privileges. For many, this raises the critical question: Can you get a restricted or hardship license to keep driving? In Michigan, the answer depends on several factors, including the type of OWI offense, whether it’s a first or repeat violation, and how the suspension or revocation was imposed.
Michigan does not have a traditional “hardship license” program like some other states. Instead, the state offers restricted licenses, which allow limited driving during certain periods of a suspension or revocation. These restricted licenses are often tied to specific conditions, such as installing a Breath Alcohol Ignition Interlock Device (BAIID) or completing a portion of the suspension period first.
This article outlines how restricted licenses work in Michigan, who qualifies, how to apply, and what limitations apply. It also explains what happens if someone refuses a breath test or has multiple OWI offenses, both of which significantly affect eligibility.
Who Qualifies for a Restricted License After an OWI Conviction?
Eligibility for a restricted license in Michigan depends largely on the number of prior OWI convictions and the blood alcohol content (BAC) level at the time of arrest.
Here’s how it typically breaks down:
- First OWI (BAC between 0.08%–0.16%)
- License is suspended for 30 days, followed by a 150-day restricted license
- Automatically issued if all requirements are met
- No court petition required for this level
- First OWI with High BAC (0.17% or more)
- 45-day hard suspension (no driving)
- After that, eligible for restricted license with BAIID
- Driver must pay for installation and maintenance of the device
- Second OWI (within 7 years)
- License is revoked, not suspended
- No automatic restricted license
- Must request a Driver’s License Appeal Hearing after 1 year (minimum)
- Third OWI (felony-level offense)
- Also results in license revocation
- No driving privileges during revocation period
- Eligible for appeal and restricted license only after formal hearing process
For first-time offenders, access to a restricted license is generally automatic after the initial suspension period ends. For repeat offenders, the process is more complex and requires formal administrative review.
What a Restricted License Allows You to Do in Michigan
A restricted license issued after an OWI conviction allows the driver to operate a motor vehicle only for specific purposes, as defined by Michigan law.
Permitted driving includes:
- To and from work
- To and from school or vocational training
- To and from alcohol or drug treatment programs
- To court-ordered community service or probation meetings
- To medical appointments (for the driver or a dependent)
Driving for personal errands, social visits, or leisure is not allowed under a restricted license. Violating these restrictions can lead to license re-suspension or further penalties.
In High BAC cases, the restricted license will also require the use of a BAIID, which prevents the vehicle from starting if it detects alcohol on the driver’s breath. Drivers are responsible for the cost of installation, calibration, and monitoring of the device.
Applying for a Restricted License: What the Process Looks Like
For first-time OWI convictions, the process is typically automatic—no application is needed. After serving the required 30-day suspension (or 45-day hard suspension for High BAC cases), the Michigan Secretary of State will issue a restricted license if the driver:
- Has paid the reinstatement fee (usually $125)
- Has no additional license holds (e.g., unpaid fines or other violations)
- Complies with all other court-ordered conditions
For repeat offenders, there is no automatic process. Instead, the driver must:
- Wait out the mandatory revocation period (usually 1–5 years)
- Apply for a Driver’s License Appeal Hearing
- Provide substantial documentation, including:
- Proof of sobriety (minimum 6–12 months)
- Completion of substance abuse treatment (if required)
- Letters of support
- Alcohol or drug evaluation
- Appear before a hearing officer at the Michigan SOS
If the hearing is successful, the individual may be granted a restricted license with BAIID. The license will carry tight conditions, and continued sobriety is essential to maintaining the privilege.
No Restricted License After Implied Consent Refusal
Michigan enforces an implied consent law, which means that drivers who refuse to submit to a chemical test (breath, blood, or urine) during a valid OWI arrest face automatic license suspension, separate from any court case.
Consequences of refusal:
- 1-year license suspension for first refusal
- 2-year suspension for second refusal within 7 years
- No restricted license allowed during suspension
- Only way to contest is via an administrative hearing, which must be requested within 14 days of arrest
Because of this rule, drivers who refuse testing may lose their license completely—even if they are later acquitted of OWI in court—and cannot drive legally for the full suspension term. This is one of the few situations where no restricted license is available at all.
Using a BAIID: When It’s Required and How It Works
A Breath Alcohol Ignition Interlock Device (BAIID) is required for certain OWI-related restricted licenses in Michigan, especially in High BAC and repeat offender cases.
How it works:
- Driver must blow into the device to start the vehicle
- Random “rolling retests” may occur while driving
- Data is uploaded regularly to the monitoring agency
- Any failed tests or tampering may lead to re-suspension or revocation
Requirements for BAIID use:
- High BAC first offense: BAIID required during entire restricted license period
- After successful SOS appeal (repeat offenses): BAIID mandatory for at least 1 year
Costs are paid by the driver and typically include installation, monthly monitoring, and service fees. Compliance is closely monitored, and violations can result in extended penalties.
Reinstating Full Driving Privileges After a Restricted License
Once the restricted license period ends, a driver may be eligible to apply for full license reinstatement, but the process depends on the type of offense and the restrictions involved.
Steps typically include:
- Paying all outstanding fees
- Demonstrating full compliance with court orders and BAIID (if applicable)
- Completing the full restricted period without violations
For repeat offenders who went through the SOS appeal process, a second hearing may be required to move from restricted to full privileges. This hearing often takes place after 1 year of successful BAIID use and continued sobriety documentation.
Drivers should not assume full reinstatement is automatic—documentation and administrative steps are still required.
FAQ: Getting a Restricted or Hardship License After OWI in Michigan
Can I get a restricted license after a first OWI in Michigan?
Yes. After 30 days (or 45 days for High BAC), most first-time offenders are eligible for a restricted license.
What about a hardship license—is that different?
Michigan doesn’t offer a traditional hardship license. Instead, it provides restricted licenses under specific legal conditions.
Can I get a restricted license if I refused the breath test?
No. Under implied consent laws, refusal results in automatic suspension with no restricted license allowed.
What’s required to get a restricted license after a second or third OWI?
You must complete the revocation period and win an SOS hearing showing sobriety, stability, and treatment compliance.
Do I have to use a BAIID with my restricted license?
Yes, in High BAC cases and for repeat offenders who receive restricted licenses through appeal.
Is the restricted license available immediately?
Not immediately. There is a mandatory waiting period (30 or 45 days), and all fees and requirements must be met first.
Conclusion: How Michigan Handles Restricted Licenses After OWI
Michigan’s restricted license system offers some drivers a path to legally drive after an OWI, but eligibility depends heavily on offense type, BAC level, and prior convictions. First-time offenders can typically regain limited driving rights fairly quickly, while repeat offenders must go through a more rigorous hearing and monitoring process. Refusing a chemical test is one of the few situations where no restricted license is permitted at all. Understanding these distinctions helps Michigan drivers know what to expect and how to plan after an OWI-related license loss.
To understand how restricted licenses fit into the broader picture of OWI sentencing, visit our full guide on DUI penalties and consequences. For detailed insight into driving limits and monitoring, read license suspension and driving restrictions after a DUI.