Driving While License Suspended (DWLS) and Driving While License Revoked (DWLR) are among the most common criminal charges that wind their way through the Michigan court system. In this article, we’ll examine what these charges mean, how they differ from each other, and — most importantly — what a person facing either charge can realistically expect.
It is worth noting upfront that DWLS and DWLR cases are, from the court’s perspective, reliable revenue generators. Most people facing these charges are eager to make the problem go away quickly and are willing to pay to do it. That dynamic shapes how these cases are handled — and it’s one reason why having the right legal strategy matters more than many people realize.
One thing that surprises many people is that DWLS and DWLR are violations of the same law (MCL 257.904) — and, at least on paper, carry identical potential penalties. The real-world outcomes, however, can be very different depending on why a person lost their license in the first place.
Geography Matters More Than Most People Think
How a DWLS or DWLR case plays out depends heavily on where it is filed. The local courts in Wayne, Oakland, and Macomb counties, while they each have their own approach to these matters, are generally reasonable across the board. Our firm concentrates in the courts of Wayne, Oakland, and Macomb counties, and the surrounding counties. We know the judges, we know what works in each courtroom, and we know what does not.
We believe that it’s important to hire a lawyer who regularly appears before the judge handling your case. Ultimately, you’re either paying a lawyer for their experience handling these kinds of cases in the same local court, or you’re paying their tuition to get that experience. That should never happen. When someone hires our firm, they are not paying our tuition — they are paying for results.
As we’ll see, the driver’s license consequences are exclusively imposed by the Michigan Secretary of State. What happens to your ability to drive is among the consequences that matter most in real life, and what will absolutely affect your day-to-day life.
Suspended vs. Revoked: The Key Difference
A suspended license and a revoked license sound similar, but the distinction is significant — both legally and practically.
A suspension is temporary. It runs from a specific start date to a specific end date, or it lifts once a person takes a required action — most commonly paying an outstanding ticket or fine. Once the condition is met, the license is automatically reinstated. Think of it like a school suspension: the student is out for a defined period and then comes back.
A revocation is different in kind, not just degree. A revoked license does not come back on its own. There is no date when it automatically lifts. In Michigan, a person whose license has been revoked must go through a formal driver’s license restoration process before the Secretary of State’s Office of Hearings and Administrative Oversight (OHAO) — and approval is far from guaranteed.
Think of it like being expelled from school: readmission requires a formal process and a decision by the appropriate authority. Until that happens, you’re out in the cold.
Suspensions typically arise from:
- Unpaid tickets or fines
- Too many points on a driving record
- Violating the terms of a restricted license (driving outside permitted hours or purposes)
Revocations most commonly result from:
- Multiple DUI convictions (two within seven years, or three within ten years, which makes a person a “habitual alcohol offender” under Michigan law)
- Other serious driving offenses
The Two Categories of DWLS/DWLR Clients
In practical terms, people facing DWLS or DWLR charges fall into one of two groups:
- Those whose license was suspended or revoked because of a prior alcohol-related offense (usually a DUI or multiple DUIs), and
- Everyone else.
Being in the “everyone else” category is almost always better, regardless of the specific circumstances. Someone whose license was suspended because they forgot to pay a ticket is simply in a different legal position than someone whose license was revoked after multiple drunk driving convictions and who then got caught driving anyway. Courts, prosecutors, and judges all understand this distinction — and it directly affects how we need to handle the charge.
What Our Firm’s Job Actually Looks Like
In almost every DWLS or DWLR case, there is little real question about the underlying facts. In almost every case, the person was driving, and their license was legally suspended or revoked — even if they genuinely did not know it. Our job is not to fabricate a defense where none exists. Our job is to get the best possible outcome given the reality of what happened.
That breaks down into two priorities:
- Keep the client out of jail (in most cases, this is straightforward), and
- Minimize the impact on the client’s driving record.
On the jail question: in more than 30 years of handling these cases, our firm can count on one hand the number of times a client actually went to jail. Those were extreme situations — people with five prior DUIs, dozens of prior suspensions, and records that left little room for argument. In the ordinary case, jail is simply not the real issue.
Instead, the driving record and a person’s ability to drive again is where the real risk exists. If a person is convicted of DWLS, the Secretary of State is required to impose what is called a “mandatory additional” suspension — meaning their license gets suspended all over again on top of everything else.
In a DWLR case, the mandatory additional penalty is even more serious: an additional revocation period of either one or five years, depending on the underlying revocation. In repeat DWLR cases, a person can find themselves unable to even file for a driver’s license restoration appeal for years.
This is why avoiding a conviction entirely — or at minimum negotiating a plea to a lesser charge that does not trigger the mandatory additional — is the primary goal in every one of these cases. Fortunately, because we are also genuine Michigan driver’s license restoration lawyers, our firm does this routinely.
DWLR Cases: The Stakes Are Higher
If DWLS is the minor leagues, DWLR is the majors. The underlying circumstances are almost always more serious — most people with revoked licenses lost them because of multiple DUI convictions — and the consequences of a conviction are correspondingly worse.
That said, there is a reality that most judges understand: people have to live. If someone was driving to work, or taking their kids to school, that context matters. Our firm’s job is to make sure the judge and prosecutor understand who this person really is — and to draw a clear line between someone who drove to work out of necessity and someone who drove for a night out at the bar because they could not find a ride.
This requires more than just showing up to court. It requires knowing the judge, knowing the prosecutor, knowing the unwritten norms of the courtroom, and being persuasive in a way that actually gets results. A lawyer who drones on in a monotone while the judge stares at the paperwork is not helping anyone. The judge is already filling out the orders.
Our firm knows the difference between capturing a judge’s attention and persuading the court to give our client a break and merely becoming background noise.
In many cases, with some skilled negotiation in a DWLR case, we can accomplish what most clients thought was impossible when they first walked through the door.
Facing a DWLS or DWLR Charge? Call Our Firm.
Our firm concentrates in DWLS and DWLR defense in Wayne, Oakland, and Macomb counties, and the surrounding counties. We handle these cases every day. If you are facing a suspended or revoked license charge, the sooner you speak with us, the more options we have.
All consultations are free, confidential, and done over the phone. Call us Monday through Friday, 8:30 a.m. to 5:00 p.m., at 586-600-8317. An after-hours answering service is also available. You can also reach us through the contact form or chat box on our website.
To learn more about what a DWLS or DWLR conviction can mean for your driving record and your future, read our detailed overview of the consequences of driving on a suspended or revoked license in Michigan.
