The restricted license is a list, and everywhere else is off it.

The Michigan State Police impaired driving crackdown that started August 14 runs through Labor Day on September 7, and the arrests from its first weeks are starting to move through district courts in Dearborn, Wyandotte, and Detroit. For most people charged with a first OWI, the question that matters most isn't jail. It's driving, because work, school, and kids don't stop for a court case. Michigan does allow a restricted license after a first OWI conviction, but it comes after a stretch with no driving at all, and it's a narrower permission than most people assume. Knowing exactly what's on the list, and what isn't, is what keeps a restricted license from turning into a new charge.

When can you drive again after a first OWI in Michigan?

After 30 days, on a restricted license. Under MCL 257.319(8)(a), a first conviction for operating while intoxicated or with a blood alcohol content of 0.08 or more brings a 180 day license suspension. The Secretary of State may issue a restricted license for part of that period, but the statute says it can't do so during the first 30 days. In practice, that means a month with no lawful driving at all, followed by five months of restricted driving.

A conviction for the lesser offense of operating while visibly impaired is different. Under 319(8)(b), it brings a 90 day suspension, and a restricted license is possible for all or part of it, with no mandatory period of no driving. For impairment caused by a controlled substance, the suspension is 180 days. The difference between an OWI and an impaired conviction can therefore mean the difference between a month off the road and none, which is one reason the charge itself matters so much in plea discussions.

When does the suspension start?

When the Secretary of State receives the record of your conviction, not when you're arrested. MCL 257.319(1) directs the Secretary of State to suspend the license on receiving the record, and the court is required to send that record within five days of the conviction. So the 30 days of no driving begins at the end of the case, not at the roadside.

That timing creates planning room most people don't realize they have. Between the arrest and the conviction you can generally keep driving, sometimes on a temporary paper permit the officer issued, unless a chemical test refusal or another problem has suspended your license. Our walkthrough of what happens after an OWI arrest covers that period, and if you refused the breath test at the station, the separate 14 day refusal deadline is the first thing to deal with.

Where can you drive on a restricted license?

Only to the places MCL 257.319(16) lists. A restricted license lets you drive in the course of your job, and to and from any combination of your home, your work, a court ordered alcohol or drug education or treatment program, your probation department, court ordered community service, a school where you're enrolled, a place where you, a household member, or an immediate family member get regularly occurring medical treatment for a serious condition, and an ignition interlock service provider if one is required. It also covers taking a required driving skills test.

What's missing from that list is just as important. There's no grocery store, no church, no gym, no picking up a friend, and no driving the kids to school unless you're enrolled there yourself. A restricted license also never permits driving a commercial vehicle. The easiest way to get into trouble on a restricted license is a small detour, like a stop for gas and coffee on the way home that turns into a ten minute side trip.

What do you have to carry?

Proof of your destination and your hours. MCL 257.319(17) requires a person driving on a restricted license to carry proof of where they're going and the hours of any job, class, or other reason for the trip, and to show it if an officer asks. A pay stub with a schedule, a letter from an employer, a class schedule, or an appointment card from a treatment provider are the kinds of documents that do the job.

Keep that proof in the car, current, and specific. A letter from three months ago that doesn't match your current shift, or a class schedule for a semester that's over, doesn't help much at a traffic stop on a Tuesday night.

What happens if you drive outside the restrictions?

It's a new criminal charge. Under MCL 257.312, violating a restriction on a restricted license is a misdemeanor, punishable by up to 90 days in jail and a $100 fine, and it adds two points to your record. The Secretary of State can also suspend or revoke the license, which means the restricted driving you were relying on can disappear entirely.

For a high BAC conviction, the rule is stricter. MCL 257.319(8)(i) says that if a person with a high BAC restricted license violates its conditions or drives with a blood alcohol content of 0.025 or more, the Secretary of State must add another full period of suspension and restriction. That's the mandatory version of the penalty, and it's worth taking seriously on top of the ignition interlock requirement that already comes with that license.

How do you protect your ability to drive?

Start with the charge. The difference between an OWI conviction and an impaired driving conviction changes the suspension from 180 days with 30 days off the road to 90 days with a restricted license possible the whole time, and the difference between a high BAC and a standard OWI changes it from a year with an interlock to 180 days without one. Our guide to first offense OWI penalties walks through the rest of the sentence.

Then plan for the restricted period before it begins: line up proof of your work and school schedules, know your exact routes, and arrange rides for everything not on the list. Our license and driving privileges team handles restricted license questions alongside the criminal case, in the 19th District Court in Dearborn, the 27th District Court in Wyandotte, and courts across Wayne County. A restricted license is a list of places you're allowed to go, and staying on that list is what gets you to the end of the suspension.

Quick answers

Can you drive to church or the grocery store on a restricted license in Michigan?

No. A restricted license under MCL 257.319(16) covers work, school, court ordered programs, probation, community service, regular medical treatment for a serious condition, and interlock service. Errands and other trips aren't on the list.

Do you need an ignition interlock for a first OWI in Michigan?

Not for a standard first OWI. An interlock is required for a restricted license after a high BAC conviction, at 0.17 or more, which comes after 45 days with no driving.

Is the 30 day hard suspension counted from the arrest date?

No. The suspension begins when the Secretary of State receives the record of conviction, which courts must send within five days of the conviction. Until then you can generally keep driving, sometimes on a temporary paper permit, unless your license was suspended for another reason, such as a refusal.

Related reading

• Michigan OWI Penalties for a First Offense
• Driving on a Suspended License in Michigan
• Refusing a Chemical Test: The 14 Day Deadline
• License Restoration at D.C. Law