Sobriety Court Frequently Asked Questions
1. Am I eligible to receive a Sobriety Court restricted license?
- A Sobriety Court determines whether you are eligible and accepts you into their Sobriety Court program. You may be eligible if you were arrested for an alcohol-related offense on or after Jan 1, 2011, have a prior alcohol conviction(s), and are approved by a Sobriety Court.
2. Who can authorize a Sobriety Court restricted license?
- Only certain courts within the State of Michigan meet the requirements for a Sobriety (DWI) Court. Please visit the State Court Administrative Office website for specific information
3. If a Sobriety Court approves me for a Sobriety Court restricted license, do I have to mail or bring documentation to a Secretary of State office?
- The Sobriety Court will notify the Secretary of State directly. If you are eligible and your license has not expired, the Secretary of State will mail the Sobriety Court restricted license to you. You will not need to provide an additional documentation to the Secretary of State.
- However, if your license is expired, you will receive a letter authorizing your renewal at a Secretary of State office. After you have completed the renewal process, the Secretary of State will mail the Sobriety Court restricted license to you.
4. How soon can I start driving after the Sobriety Court tells me I have been approved for a Sobriety Court restricted license?
- You man not drive until the beginning date shown on the Sobriety Court restricted license that will receive in the mail. The law requires you to serve a minimum of 45 days without a license. The 45-day minimum waiting period starts on the begging date of the suspension or denial/revocation shown on your Order of Action and driving record.
5. Do I need to have an ignition interlock on every car that I own?
- The law requires you to have an ignition interlock device installed on each vehicle you own or operate. You may request your vehicle records by fax, phone or mail. For more information, please see the Requesting Your Own Driving or Vehicle Record web page.
6. Am I allowed to drive to get the ignition interlock installed?
- Only if your license is not currently suspended, revoked or denied. The Sobriety Court law does not have any special provisions for driving to have the ignition interlock installed.
7. Where can I go to have the ignition interlock installed on my vehicle(s)?
- The Sobriety Court will provide you with a list of currently approved ignition interlock providers.
8. If I receive a driver license suspension, revocation, or denial after I receive the Sobriety Court restricted license, what happens to my driving privileges?
- You are not permitted to drive until the new suspension, revocation, or denial is cleared.
- After the suspension, revocation or denial is cleared or terminated, you may resume driving with your Sobriety Court restricted license unless the Sobriety Court has ordered your removal from the Sobriety Court program.
9. Am I permitted to drive after I successfully complete the Sobriety Court program?
- After successful completion of the Sobriety Court program, you will continue with the Sobriety Court restricted license until the Administrative Hearings Section of the Michigan Department of State grants full driving privileges.
10. Can I get my Sobriety Court restricted license back if the Sobriety Court removed me from the program?
- The law does not permit a Sobriety Court to reinstate a Sobriety Court restricted license for the same alcohol offense.
11. What happens if I do not successfully complete the Sobriety Court program?
- If you do not successfully complete the Sobriety Court program, you are subject to all suspensions, revocations, or denials that were in effect before your entrance into the Sobriety Court program.
- You will also be responsible for any unpaid Driver Responsibility Fees that were not collected while you were in the program.
12. If I receive a Sobriety Court restricted license, what happens to my Driver Responsibility Fees?
- You are still responsible for paying any Driver Responsibility Fees (DRF) based on points and non-alcohol related offenses, e.g., No Proof of Insurance. The Department of Treasury will not actively pursue collection of DRF fees based on alcohol convictions until you are no longer in the program.
13. What will show on my driving record while I am under the Sobriety Court restricted license?
- Your driving record will still show your driving history, including all your tickets, points, suspensions, revocations, and denials. You may request your driving record by fax, phone or mail. For more information, please see the Requesting Your Own Driving or Vehicle Record web page.
14. Do I have to provide the Secretary of State with proof that I have installed an ignition interlock device on my vehicle(s)?
- The Sobriety Court will inform the Secretary of State that the ignition interlock device(s) have been installed in the vehicles you own and operate. You do not have to provide any documentation of ignition interlock installation to the Secretary of State.
15. Can I have the ignition interlock device(s) removed after I successfully complete the Sobriety Court program?
- You must keep the ignition interlock device(s) installed until the Administrative Hearings Section of the Michigan Department of State grants full driving privileges.
16. If I already have an ignition interlock device(s) installed on my vehicle(s), can I use it?
- You must contact the Sobriety Court that authorized your Sobriety Court restricted license to determine whether the device(s) is from a state-approved ignition interlock provider and acceptable for their program.
17. May I drive for work with my Sobriety Court restricted license?
- Driving as part of your job (e.g., driving a taxi, school bus, or delivery service) is a violation of the terms of your Sobriety Court restricted license, but driving to and from work is permitted. The Sobriety Court restricted license law does not allow driving “in the course of employment.”
18. Where can I drive on my Sobriety Court restricted license?
- The Sobriety Court restricted license permits you to drive to and from any combination of the following: your residence, your workplace, your school, and an alcohol or drug education or treatment program as ordered by the court. You must carry proof of the destination and hours with your Sobriety Court restricted license.
19. Can I obtain a Sobriety Court restricted license if I have a Commercial Driver License (CDL)?
- A CDL driver may receive a Sobriety Court restricted license but is prohibited by federal and state law from operating a commercial motor vehicle with a restricted license.
20. What happens if I violate any of the terms of my Sobriety Court restricted license?
- If you violate any of the terms of your Sobriety Court restricted license (this includes a new drunk driving arrest, tampering with, circumventing or driving without an ignition interlock device), the Sobriety Court may remove you from the program and notify the Secretary of State to terminate the Sobriety Court restricted license and reinstate all applicable suspensions, revocations and denials. You will also be required to pay all Driver Responsibility Fees that were not collected while you were in the Sobriety Court program.
21. How can I get full driving privileges restored after I successfully complete the Sobriety Court program?
- You may request a hearing with the Administrative Hearings Section of the Michigan Department of State to restore full driving privileges after the minimum periods for all suspensions; revocations and denials on your driving record have passed. You may request your driving record by fax, phone or mail. For more information, please see the Requesting Your Own Driving or Vehicle Record web page.
Gino Aquino, Law Clerk