Michigan Occupational Driver’s License

Since the changes in Michigan law that occurred in 1999 there has been a trend to remove the imposition of driver license sanctions from the court, and give them entirely to the Michigan Secretary of State. There are has also been a trend to make all driver license sanctions essentially uniform. If you are given a restricted license (also sometimes called an occupational license) as part of any sentence for a drunk driving (OWI) conviction, then the restrictions will nearly always allow driving for work purposes.

A restricted license allows limited driving privileges. Since October 1, 1999, these privileges are generated automatically pursuant to MCL 257.319, based upon receipt of conviction information. This conviction information is sent to the Secretary of State (the Department) by the court where your case is pending. Unlike the “punitive sanctions” imposed by the court, the driver license sanctions are not “individualized”. This means that the Department exercises no discretion whatsoever. Consequently, it does not matter if you are the CEO of a Fortune 500 corporation or a self-employed plumber, the sanctions will be the same. These sanctions are authorized and by the legislature.

It's important that the motorists understand that they must carry proof of destination and hours when driving their car pursuant to a restricted license. Such proof is required so that the police can make sure that you are in compliance with the restrictions authorized.

Restrictions include:

(a) In the course of the person’s employment or occupation.

(b) To and from any combination of the following:

• The person’s residence.
• The person’s work location.
• An alcohol or drug education or treatment program as ordered by court.
• The court-ordered probation department.
• A court-ordered community service program.
• An educational institution at which the person is enrolled as a student.