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Underage DUI License Penalties

A minor with any BAC OWI charge in Michigan will suspend a person's license for at least 30 days, or up to one year depending on whether or not the individual consented to a breathalyzer test following the arrest. The license penalties for an underage DUI can be long lasting and affect an individual's ability to get to and from their school or job. If you are facing these license penalties, contact a Michigan underage DUI lawyer for assistance immediately.

Consequences of a Conviction

The individual charged with an underage DUI will be informed of their license suspension with a letter indicating the 30 days beginning and end dates. After the license suspension has ended, they will have to pay a $125 license reinstatement fee and driving responsibility fees, which is $375 as of September 2016, however, in 2017 this will be lowered to $250.

The charge itself will stay on the underage driver's license record for seven years and the points will remain for two years. Additionally, it is likely that the insurance company will learn of the charge and increase insurance rates even more than they already are.

Refusing Chemical Tests

There are chemical test rights that indicate the penalties for those who refuse to take them following a DUI arrest. As long as the rights are read verbatim, the officer only has to prove that the minor manifested a lack of willingness to take this test in order to inflict the penalties. A lack of willingness may be indicated by not blowing hard enough into the machine or some other type of refusal as long as it is proved beyond a reasonable doubt.

If the individual charged refuses the test, then they will have a temporary paper license issued to them that gives them the right to have a driver's license appeal hearing, if requested within 14 days. Once the hearing has been requested, the underage driver will have continued use of their license until that hearing.

Driver's License Appeal Hearing

At the driver's license appeal hearing, the police officer who charged the individual would appear and need to prove four things. These include:

  • Perfunctory showing of intoxication or impairment.
  • Proof of arrest for some charge of being intoxicated or impaired.
  • They were read the chemical test right, which can be found on the back of the DI-177 Form.
  • Indication of lack of willingness to take the chemical test.
License Penalties

In the case that the officer was able to prove a perfunctory showing of all four elements a driver's license suspension would take effect shortly following the hearing for one year. To gain the right for a restricted license is a difficult process to go through and a Michigan underage DUI attorney is necessary.

Obtaining a Restricted License

The restricted license from an implied consent violation requires an appearance at the circuit court to obtain from a judge through the power of equity to obtain some level of driving rights. However, the standard restricted license in Michigan is automatic, based on a conviction.

That restricted license just simply comes in the mail. There is a beginning date of the restrictions and end dates of the restrictions and you have to pay $125.00 in order to reinstate the license at the end of the restrictions. If you fail to pay $125 to reinstate, the license would just continue in a suspended state so it is very important that people make sure to pay the fee.

Client Reviews
★★★★★
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
★★★★★
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
★★★★★
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.