Michigan Drivers License Hardship Law

Drivers Hardship License Law – General – Michigan

1. Does the agency (motor vehicle/DOT) law provide for hardship licenses?

A restricted license may be issued to certain offenders under § 257.323, § 257.323c, and § 257.319.

2. Is an agency hearing required before a hardship license is issued?

Under § 257.323, the court may take testimony and examine all the facts and circumstances relating to the denial, suspension, or restriction of the person’s license under sections 303(1)(d), 320, or 904(10) or (11), a licensing action under section 310d, or a suspension for a first violation under section 625f. The court may affirm, modify, or set aside the restriction, suspension, or denial, except the court shall not order the secretary of state to issue a restricted or unrestricted chauffeur’s license that would permit the person to drive a commercial motor vehicle that hauls a hazardous material. The court shall enter the order and the petitioner shall file a certified copy of the order with the secretary of state’s office in Lansing within 7 days after entry of the order.

3. Do prior offenses prevent me from obtaining a hardship license?

§ 257.323c disallows a restricted license in the following cases:

(1) If the person’s license has been suspended pursuant to section 625f (refusal of chemical test) within the immediately preceding 7-year period, a restricted license shall not be issued.
(2) Notwithstanding any other provision of this section, the court shall not issue a restricted license to a person who has accumulated over 24 points, as provided in section 320a, within the 2-year period preceding the date of the suspension of his or her license.

4. Does a mandatory or lifetime revocation prevent granting a hardship license?

§ 257.319, dealing with a mandatory suspension of license, allows for a restricted license to be issued.

5. What are the requirements for getting a hardship license?

Pursuant to MCL 257.319, these privileges are generated automatically based upon receipt of conviction information. The Department exercises no discretion but will issue the sanction as prescribed by the Legislature.§ 257.319 allows the granting of restricted driving privileges:

(a) In the course of the person’s employment or occupation.
(b) To and from any combination of the following:

(i) The person’s residence.
(ii) The person’s work location.
(iii) An alcohol or drug education or treatment program as ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled as a student.
(vii) A place of regularly occurring medical treatment for a serious condition for the person or a member of the person’s household or immediate family.

§ 257.323c  provides that the court shall not order the secretary of state to issue a restricted license unless the person states under oath and the court finds that the person is unable to take public transportation to and from his or her work location, place of alcohol or drug education or treatment, or educational institution, and does not have a family member or other person able to provide transportation. The court order and license shall indicate the person’s work location and the approved route or routes and permitted times of travel. For purposes of this section, “work location” includes, as applicable, either or both of the following:

(a) The specific place or places of employment.
(b) The territory or territories regularly visited by the person in pursuance of the person’s occupation.

If the person’s license has been suspended pursuant to section 625f (DUI) within the immediately preceding 7-year period, a restricted license shall not be issued.

Notwithstanding any other provision of this section, the court shall not issue a restricted license to a person who has accumulated over 24 points, as provided in section 320a, within the 2-year period preceding the date of the suspension of his or her license.

Under § 257.323 , the court may take testimony and examine all the facts and circumstances relating to the denial, suspension, or restriction of the person’s license under sections 303(1)(d), 320, or 904(10) or (11), a licensing action under section 310d, or a suspension for a first violation under section 625f. The court may affirm, modify, or set aside the restriction, suspension, or denial, except the court shall not order the secretary of state to issue a restricted or unrestricted chauffeur’s license that would permit the person to drive a commercial motor vehicle that hauls a hazardous material. The court shall enter the order and the petitioner shall file a certified copy of the order with the secretary of state’s office in Lansing within 7 days after entry of the order

6. Can minors receive limited driving privileges?

Minors are not excluded from the restricted license provisions.


Inside Michigan Drivers License Hardship Law