Will a Drug Conviction Affect My Driver's License?

As experienced Michigan drug crime attorneys, we understand that individuals who are convicted of a drug crime not only face potentially serious penalties, but are concerned about their driver's licenses as well. At Grabel & Associates, we vigorously defend individuals accused of drug offenses. If you wonder whether a drug conviction will affect your driver's license, the answer is yes. However, the news is not all bleak; depending on your situation, there may be options.

In Michigan, a conviction on a charge of possession or possession with intent to manufacture, sell, or distribute will result in the suspension of your license, regardless of whether you were driving when the alleged crime occurred. However, you may also have your license suspended or revoked if you are convicted of DUI, which many people associate with drunk driving. DUI means, "driving under the influence," which applies to the influence of illegal drugs or substances in addition to alcohol.

How a Drug Conviction Affects Your Michigan Driver's License

If it is the first time you have been convicted of a drug crime, your license will be suspended for six months. You will not be allowed to obtain a restricted license for the first 30 days of this suspension.

Any individual who is convicted of an additional drug crime within 7 years of the first conviction will face a one-year suspension of his or her driver's license. In this situation, you will not be eligible for a restricted license for the first 60 days of the suspension. When the 30 or 60-day period has lapsed, it will cost $125 to have your license reinstated; however there may also be other sanctions against your license that will mean an additional cost.

Is There Any Way to Prevent Suspension of Your Driver's License?

While the word "fortunately" may not be quite fitting, those who are convicted of a drug crime may have a better outlook in regards to license suspension than those involved in drunk driving cases. There are situations in which it may be possible to avoid consequences involving your driver's license. For instance, your sentence may be deferred if you are a first-time offender, in which case your driving record would not be impacted. Judges usually realize how essential the privilege to drive is, and frequently modify suspension "rules" when it comes to first-time offenders. However, this is not a guarantee and depends on the circumstances in your case. Ultimately, it is all up to the Judge, unlike with a case involving drunk driving when action is mandatory and the Secretary of State suspends an individual’s license.

If you have been convicted of a less common offense such as possession with intent to deliver or manufacture, suspension of your driver's license is mandatory. However, the majority of drug crimes that are committed are those involving simple possession.

A provision in Michigan law known as "section 7411" may be a good option for individuals without any prior drug crimes on his or her record. Essentially, your entire drug case is placed "under advisement" if it is found you are eligible. You will serve probation, and if completed with no problems there will be no conviction on your record. Therefore, you license will not be suspended.

Even if you are not eligible for deferred sentencing or 7411 and do have your license suspended, there is no guaranteed that you will be granted a restricted license following the 30 or 60 day suspension period. Ultimately, the Court (and the Judge) may determine to have your driver's license remain suspended for an indefinite period of time.

Consult with a Capable and Aggressive Michigan Criminal Defense Attorney

Whether you have already been convicted of a drug crime or are in the investigation stages it is important that you discuss your situation with a lawyer who is known for winning results in cases involving driver's license suspension or revocation.

At Grabel & Associates, we fight passionately on behalf of each client we represent. Call our toll-free number today at 1-800-342-7896, and let us put up a fight for you! Contact us online now.