HOW DO I GET MY CDL BACK AFTER A DUI IN MICHIGAN?

by Van Den Heuvel Law Office

Commercial driver’s license (CDL) holders are subject to strict regulations. A drunk driving conviction in Michigan can have a range of impacts on your commercial and private driving privileges. The exact way that they impact you depends on the nature of your conviction, as well as your criminal record and prior DUI convictions. Our attorneys at the Van Den Heuvel Law Office

Commercial Driver’s License Sanctions

A first-time DUI conviction in Michigan could lead to a one-year CDL suspension. This one-year suspension period is applicable whether or not you were operating a commercial vehicle when the drunk driving arrest took place. 

If this is your second drunk driving conviction, and you have one or more previous convictions in the past 7 years, your CLD will be revoked for at least 10 years. Just as is true for a first-time DUI conviction, it doesn’t matter if you were driving a commercial or personal vehicle at the time of your arrest. Additionally, a second offense CDL sanction can be triggered if you have previous offenses in states outside of Michigan that occurred within the previous 7 years. 

Driver’s license revocation means you are not allowed to perform any type of commercial driving. You will need to petition for and successfully complete a hearing in order to have your CDL restored. 

When receiving a second offense for DUI within a 7-year period, the restoration hearing’s timing is the only difference between the CDL sanction and the non-commercial driver’s license sanction. You are allowed to petition to restore your non-commercial driver’s license after a year has passed, but the waiting period to petition to restore your CDL is 10 years. 

Understanding the Difference Between License Suspension and Revocation

License revocation and suspension have an important difference that you should take note of. A license suspension means your license will be automatically reinstated once the suspension period has ended. All you will need to do is pay a fee to the Secretary of State. You also do not need to attend a hearing, and you may be allowed to drive with certain restrictions in place.

When a driver’s license is revoked, whether it is your private license or a CDL, you lose all rights to driving for any reason. A revocation does not allow for restricted driving privileges, essentially putting you in a position of never having a driver’s license. 

You will need to petition the Secretary of State for a hearing to become re-licensed or newly licensed following revocation. This hearing involves a high burden of proof on your part, and success isn’t guaranteed. Furthermore, you can only petition for a hearing one time per year. If you lose your hearing, you will have to wait another year before trying again. 

Talk to an Attorney

Getting a CDL back after a DUI can be challenging. The earlier you speak to an attorney, the better prepared you’ll be to navigate the criminal justice process. Call the Van Den Heuvel Law Office to schedule a consultation with an attorney to review your options. 

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