POLITICS

More than 70,000 Michigan driver's licenses become eligible again: What you need to know

Dave Boucher Clara Hendrickson
Detroit Free Press

More than 70,000 Michiganders — and potentially many, many more — become eligible to legally return to the roads Friday or in the near future following the implementation of new, sweeping criminal justice reform measures. 

The laws ban suspending a driver's license because of unpaid court costs, tickets or other issues unrelated to safe driving. Although the measures take effect Friday and prohibit suspending licenses for these reasons in the future, they also allow many who lost their license in the past to start legally driving again, once they receive a letter from the state. 

New laws limiting when driver's licenses can be suspended take effect Oct. 1, 2021.

The state estimates at least 73,000 people will have the issues that prompted the suspension lifted, with roughly half eligible to either start driving right away or get a new license immediately. 

A state task force on jail and pretrial incarceration recommended these changes, later adopted with widespread bipartisan support. Michigan Supreme Court Chief Justice Bridget McCormack was one of the leaders of the task force and heralded the changes. 

"When the task force looked at data across the state, we expected to see people in jail for assault or robbery,” McCormack said in a statement. 

"But what we found was tens of thousands of people getting locked up for driving on a suspended license. That’s not what jail is for, nor is it what taxpayers expect from an efficient justice system. These reforms are helping the justice system be more effective and helping people to stay in the workforce.”

As with any process, there are caveats and eligibility requirements. For more information on whether you personally are eligible: 

  • Call the Michigan Secretary of State at 888-SOS-MICH (767-6424).  
  • Contact Michigan Legal Help at michiganlegalhelp.org
  • Call the Counsel and Advocacy Law Line at 888-783-8190
  • Contact Legal Aid and Defender Association at 313-967-5800 or 877-964-4700 or
  • https://ladadetroit.org/about-lada/

The Department of State also will host information sessions and virtual clinics in the coming weeks. That information will be available soon at www.Michigan.gov/SOSCleanSlate.

In the meantime, here are a few answers to some common questions about eligibility and how to get back behind the wheel: 

Who's eligible? 

Anyone who lost their license under two broad categories: Failing to pay a ticket, fines or fees and failing to appear in court for certain driving violations.

Those violations are:

  • Open Intoxicants in Vehicle 
  • Open Intoxicants in Vehicle (Passenger) 
  • Person Under 21 Transport/Possess in Vehicle 
  • Person Under 21 Transport/Possess in Vehicle (Passenger) 
  • MIP (Person Under 21 Purchase/Consume/Possess Liquor) 
  • Failure to Comply with Civil Infraction 
  • Person Under 21 Used Fraudulent ID to Purchase Liquor 
  • Sold/Furnished Alcoholic Liquor to a Person Under 21 
  • MIP (Person Under 21 Purchase/Consume/Possess Liquor) 
  • Felonious Driving
  • Controlled Substance 
  • False Report or Threat of Bomb/Harmful Device (School) 
  • Holds placed on licenses for unpaid parking tickets also will be lifted

How do I know if I'm eligible? 

A letter from the Michigan Department of State should land in your mailbox during the first two weeks of October. It will be sent to the address listed on your driving record. 

The letter will include a list of the violations and suspensions that will be removed from your record and will include any additional steps you need to take to start driving again.

What if I don't get a letter, but I think I'm eligible? 

If you don't get a letter, don't panic! You definitely could still be eligible. 

The best thing to do is contact the Michigan Secretary of State or other services listed above. Here are those details again: 

  • Contact Michigan Legal Help at michiganlegalhelp.org
  • Call the Counsel and Advocacy Law Line at 888-783-8190
  • Contact Legal Aid and Defender Association at 313-967-5800 or 877-964-4700 or
  • https://ladadetroit.org/about-lada/ 

You'll likely need to order your driving record to prove eligibility. You can do this at www.Michigan.gov/SOS, via mail or at a secretary of state branch office. 

I know I'm eligible, so I can drive right away, right? 

Not necessarily! 

If you get a letter and it says you can start driving, burn rubber (safely). But you may need to renew your license if it has expired or formally apply to get a license again.

To renew your license. 

I had my license suspended because of unpaid fees. Do I still need to pay them? 

Yep! 

If you haven’t paid fees, you don’t need to wait to pay them to start driving again. But you’re still on the hook for paying the fees. If you have suspensions on your driving record for other violations, you’ll have to wait to start driving again until those violations are cleared.

What paperwork do I need? 

You might not need any! No, seriously: many of the 73,000 people who receive these letters from the state and still have a driver's license will be able to start driving legally again without taking any additional action. 

If your letter states there are additional issues, that may mean you can't drive quite yet. You also may need to get your driving record. To do so, go to www.Michigan.gov/SOS and select Online Services.

You can also do this in person at a secretary of state branch office, but keep in mind: pandemic safety measures may result in longer wait times. It doesn't hurt to call ahead first or try to schedule an appointment online.

Also, keep in mind: while your right to drive might be restored, the problem that prompted the suspension will still show up on your record. 

Only 73,000 people? 

That's an initial estimate. Every year, records show hundreds of thousands of people lose their license because of these issues, however. For example, in 2018, the state suspended more than 350,000 licenses for these reasons. 

"Drivers may have had their license suspended for additional violations for which sanctions are not being removed under the new law," said secretary of state spokeswoman Aneta Kiersnowski. 

How long will this take? 

For about 35,000 people, you can start driving immediately. Your letter will tell you if you fall into this category. 

If your letter does not say you're eligible right away, it may take some time to renew a license or get a new one. The Secretary of State's Office says it generally takes two to three weeks to get a license after submitting an application. 

Wait, who do I contact for more info? 

Seriously, you may not need to call anyone. 

If you get the letter and it says you're good, then you're good. If you don't get one or just want more information though, you can: 

  • Call the Michigan Secretary of State at 1-888-SOS-MICH (767-6424). 
  • Contact Michigan Legal Help at michiganlegalhelp.org
  • Call the Counsel and Advocacy Law Line at 888-783-8190
  • Contact Legal Aid and Defender Association at 313-967-5800 or 877-964-4700 or
  • https://ladadetroit.org/about-lada/

Contact Dave Boucher: dboucher@freepress.com or 313-938-4591. Follow him on Twitter @Dave_Boucher1.