What happens if your driver’s license expires while you have a paper temporary permit?
When someone is arrested for OWI, the police destroy their driver’s license and issue a temporary paper license. Can they renew their license when driving with a paper permit?
You Can Renew Your Driver’s License When Driving with a Paper Permit
In Michigan, police officers are required to destroy a person’s driver’s license when they’ve been arrested for OWI, OWVI, OWPD, DUI, or other alcohol or drug-related driving offense. The officer then issues a paper driver’s license, called a Michigan Temporary Driving Permit (Form DI-177b). Until the OWI is resolved, the temporary paper permit is the only driver’s license the person will have. Unfortunately, not having a standard photo driver’s license creates terrible headaches for those facing felony and misdemeanor OWI charges in Michigan. One such headache is renewing a driver’s license when the individual only has a temporary permit.
How to Renew an Expired Driver’s License with a Temporary Permit
Prosecutions for OWI in Michigan can take several months to resolve. Frequently, a person’s driver’s license expires before the case is resolved, and the individual gets their standard driver’s license re-issued. A person whose license is expiring or expired must renew their driver’s license even if they have a temporary, paper permit from the police. Although they will not be issued a new standard license or a new paper permit, the State will renew the license in their system. If the police pull the person over after the license is renewed, the officer will see in their system that their license is current (e.g., not expired). It is wise to keep a copy of the receipt from the Michigan Secretary of State to prove that the renewal was processed and all fees were paid.
Temporary Driving Permit Form – DI-177b
The Michigan Temporary Driving Permit has the following important information:
- You have been arrested for a crime described in section 625c of the Michigan Vehicle Code and submitted to a chemical test which revealed an unlawful alcohol content, or the presence of a controlled substance or other intoxicating substance or have a blood test pending.
- This temporary driving permit is valid only if you have a valid Michigan driver’s license. If your license was restricted, this permit grants the same restrictions. This permit grants you the same CDL and endorsements that are on your Michigan license. You may not apply for a replacement photo license.
- This permit is to be used until the criminal charges against you are dismissed, or you are acquitted, or your license or permit is suspended, restricted, or revoked for a conviction.
- This permit is only valid if you have a valid Michigan driver’s license.
- This permit is not valid if you are unlicensed or your license is expired, suspended, revoked, or denied.
What if the Secretary of State branch employee will not review a driver’s license for someone with a paper, temporary driving permit?
Frequently, Secretary of State branch employees do not know they are supposed to process a renewal for someone with a temporary driver’s license. The OWI Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has heard from numerous clients that the Secretary of State refused to help them with a renewal. If this happens to you, ask to speak to the branch manager. If that person isn’t cooperative, you have the right to ask them to call the “Records Activity Unit” for clarification. The Michigan Department of State’s Records Activity Unit employees will advise the branch employee to renew the driver’s license. If all else fails, you might need your lawyer to intervene on your behalf.
“Can I be charged with driving on an expired license if I have a temporary driving permit?”
Yes, you can be charged with driving on an expired license if your standard driver’s license is expired and you have a paper temporary driver’s license. Driving on an expired license is a misdemeanor punishable by up to 90 days in jail and up to 2 years of probation. If you have a pending criminal case, like OWI, an arrest for driving on an expired license might result in a bond violation. If you are on probation, such an arrest could result in a violation of probation.
Offenses that Result in a Destroyed Driver’s License
If you are arrested for any of the following offenses, the officer will destroy your driver’s license and issue a DI-177b Temporary Driving Permit:
- Operating a vehicle while intoxicated due to the consumption of alcohol or drugs (OWI).
- Operating a vehicle while visibly impaired due to the consumption of alcohol or drugs (OWVI).
- Operating with any presence of schedule 1 drugs or cocaine (OWPD).
- Causing the death of another while driving intoxicated or impaired due to the consumption of alcohol or drugs.
- Causing serious injury to another while driving intoxicated or impaired due to the consumption of alcohol or drugs.
- Operating a commercial motor vehicle with a BAC of 0.04 to 0.08.
- Operating a vehicle while under 21 and with any bodily alcohol content (BAC).
- Murder resulting from the operation of a motor vehicle.
- Manslaughter resulting from the operation of a motor vehicle.
- Reckless driving causing death or serious impairment of a body function.
- Moving violation causing death or serious impairment of a body function.
Refusing a Preliminary Breath Test if arrested while operating a commercial motor vehicle. Endangerment (OWI or OWVI with a person under the age of 16.)
“What if my license was suspended for refusing a breath or blood test?”
If your license is suspended because you refused a chemical test (breath or blood), the Secretary of State will not renew your driver’s license. If your license is suspended, you cannot drive with a standard driver’s license or a temporary driver’s license. Improperly refusing a breathalyzer or blood alcohol test is called an Implied Consent Violation and results in a one-year suspension of your driver’s license. If you receive a violation that results in an implied consent suspension, you might be eligible for a Hardship Appeal in Circuit Court and a restricted driver’s license.
OWI Defense Attorneys in Michigan
If you face OWI or any related criminal charges in Michigan or have drunk or drugged driving questions, such as how to renew an expired license with a temporary paper driving permit, LEWIS & DICKSTEIN, P.L.L.C. can help you. Our OWI defense lawyers have decades of experience and an unparalleled track record of successfully defending clients in Michigan. Call us for a free consultation, and we will take the time to talk with you, answer your questions, and address each of your concerns. We will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
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