A charge for driving while your license is suspended can feel overwhelming. Michigan treats these cases as more than a simple traffic issue. A conviction affects your record, insurance costs, and your ability to drive in the future. This guide explains the basics so you know what you are facing and what steps help protect your position.
How a Suspension Happens
A suspension can come from many situations, including:
- Unpaid traffic tickets
- Missed court dates
- Too many points on your record
- Certain criminal convictions, like drunk driving offenses
- Failure to pay child support
Many people do not learn about a suspension until they are stopped by police. This can happen often when a notice is mailed to an old address or after a mix-up with the Secretary of State.
What the Prosecutor Must Prove
For a DWLS charge, the prosecutor must show:
- You drove a vehicle on a public road, and
- Your license was suspended at that time.
In many cases, the key issue is whether you knew or should have known about the suspension. This matters because it influences how the case is charged and what outcomes may be possible.
Penalties
Michigan has two main DWLS offenses:
DWLS 1st Offense (MCL 257.904(1))
- Up to 93 days in jail
- Fines and court costs
- Longer suspension
- Possible vehicle immobilization
DWLS 2nd or Subsequent Offense (MCL 257.904(3))
- Up to 1 year in jail
- Higher fines
- Mandatory vehicle immobilization
- Longer or indefinite suspension periods
A DWLS conviction also adds a criminal offense to your record. This causes higher insurance premiums and makes license reinstatement harder.
Common Defenses
The facts matter in every case, but some defenses often appear in DWLS cases:
- You did not receive notice of the suspension
- The suspension was cleared but not updated in the system
- You were not the driver
- The stop lacked legal grounds
Police records, Secretary of State records, and body-camera footage play a key role in determining your options.
How a Lawyer Helps
A defense lawyer can:
- Check whether the suspension was valid
- Work with the prosecutor to reduce the charge
- Push for a civil infraction or dismissal when the facts support it
- Guide you through the steps needed to restore your license
- Protect you from penalties that extend the suspension
Many cases resolve with reduced charges when the driver takes quick steps to fix the underlying reason for the suspension.
Restoring Your License
Fixing the suspension early can improve your outcome. This often involves:
- Paying old tickets
- Resolving outstanding warrants
- Completing required hearings with the Secretary of State
- If your license is suspended or revoked due to two or more drunk driving convictions, sometimes, starting the license restoration process is enough to encourage the prosecutor to work with you to reduce the DWLS charge.
A lawyer can map out what you need to do so you do not waste time or money.
Final Thoughts
A DWLS charge carries real consequences, but you have options. The right steps can limit penalties, protect your record, and put you on the path to full driving privileges. If you face a suspension-related charge, early advice makes a strong difference. Contact our office today for a free, confidential consultation to discuss your case.