What Every Driver Must Know
Chapter 2: Your Driving Record
13
Chapter 2: Your Driving Record
rating, automobile recalls and driver verication for
car rental companies.
Michigan’s point system
Under Michigan law, some trafc violations are
civil infractions, while others are misdemeanors or
felonies. Depending on the violation and how it is
resolved, you may be ned, referred to a special
program, or, in the most serious situations, sent to
jail. In most cases, if you do not take care of a trafc
ticket, your driver’s license will be suspended. Any
trafc tickets for moving violations received while
your license is suspended will result in additional
suspensions on your driving record and payment of
a reinstatement fee.
Each time you are convicted of a trafc violation,
you will have to pay certain court nes and costs.
In addition, points may be posted to your driving
record.
Each trafc violation has a point value, which is set
by law in the Michigan Vehicle Code. Points are
placed on your driving record only after you have
been convicted of a moving violation. Points placed
on your driving record remain there for two years
from the date of conviction.
If you have six or more one-point violations, or 12 or
more points on your driving record within a two-year
Driving is a privilege. Once you obtain a driver’s
license, you must continually show that you have
the skill and knowledge to drive safely or your driver’s
license may be restricted, suspended or revoked.
The Secretary of State has access to information
from law enforcement and the courts, including
moving violations, crashes and certain drug crimes.
Your driving record will include information about
civil or criminal moving violations and crashes.
The Secretary of State is also notied of any trafc
crashes, convictions and ndings of responsibility
in other states. Convictions from other states will
appear on your Michigan driving record along with
any points assessed according to Michigan’s point
system. You may purchase a copy of your own
driving record at any Secretary of State ofce.
Most convictions stay on your driving record for at
least seven years. Certain convictions and licensing
actions stay on your driving record for at least 10
years. A conviction for a fatality or for impaired
driving remains on your driving record permanently.
Under Michigan’s Driver Privacy Protection Act,
personal information on your driving record is private
and is not released to the general public unless there
is a permissible use as prescribed by law. Personal
information includes your name, address, driver’s
license number and similar information. Some
examples of permissible uses include insurance
Your driving record
Did you know that . . . ?
• In 1901, the Michigan Secretary of State was
given the responsibility of maintaining records of
motor vehicles and drivers operating in the state.
• By 1913, Michigan had 60,438 registered motor
vehicles, more than 20 times the number eight
years earlier. Trafc crashes were on the rise too,
although there was no requirement to report
them.
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What Every Driver Must Know
Chapter 2: Your Driving Record
14
Three Points:
• Careless driving.
• Disobeying a trafc signal or stop sign or improper
passing.
• 11 to 15 mph over the legal speed limit.
• Failure to stop at railroad crossing.
• Failure to stop for a school bus or for disobeying a
school crossing guard.
• Two Points:
• Six to 10 mph over the legal speed limit.
• Open alcohol container in vehicle.
• All other moving violations of trafc laws.
• Refusal of Preliminary Breath Test by anyone
younger than 21.
Alcohol and drugs
When you drink alcohol or use other drugs and drive,
you endanger your life as
well as the lives of your
passengers and other
motorists. Each year,
thousands of people are
killed or permanently
disabled because someone
drove under the inuence
of alcohol or other chemical
substances. Michigan takes
a strong stand against
drivers who abuse substances and drive.
The effects of alcohol are the
same whether you drink beer,
wine or whiskey. A 12-ounce
can of beer, a 5-ounce glass of
wine and a 1.5-ounce shot of
whiskey all contain the same
amount of alcohol. Drink a
standard serving of any of these
and the effects will be the same to your body. Your
judgment and self-control will be affected.
period, you will be required to undergo a driver
assessment reexamination.
The system used to post points to your driving record
is separate from the points assigned by an insurance
company to determine your rate.
If you believe there are extenuating circumstances
for the ticket you received, these must be submitted
when you appear in court. The Secretary of State
cannot set aside a court conviction. The following
shows the points for some trafc violations.
Six Points:
• Manslaughter, negligent homicide or other felony
involving use of a motor vehicle.
• Operating while intoxicated or operating with
any presence of a Schedule 1 drug or cocaine.
• Failing to stop and give identication at the scene
of a crash.
• Reckless driving.
• Refusal to take a chemical alcohol test.
• Fleeing or eluding a police ofcer.
• Failure to yield causing death or injury of
emergency responder, construction worker
or person operating implements of animal
husbandry.
• Moving violation causing injury or death.
Four Points:
• Drag racing.
• Impaired driving.
• Younger than age 21 with any bodily alcohol
content.
• 16 mph or more over the legal speed limit.
• Failure to yield/show due caution for emergency
vehicles.
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What Every Driver Must Know
Chapter 2: Your Driving Record
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Consuming even one drink can impair your ability to
drive, slow your reaction time, dull your concentration
and cause visual problems. Many people mistakenly
believe that coffee, a cold shower, exercise or fresh
air can sober them up. The only thing that sobers you
up is time.
It is best to never drink and drive. Select a designated
driver ahead of time who is not going to drink. You
also can ask someone else to give you a ride, call
a taxi, use public
transportation or seek
other assistance.
If someone you know
has been drinking
or using drugs, do
not let them drive.
Find a designated
driver, call a taxi or insist that the person use public
transportation. Never ride with anyone who has
been drinking or using drugs. If necessary, take away
a person’s car keys and offer them a place to sleep.
Be sure drivers are completely sober before they get
behind the wheel.
Michigan law requires driver’s license suspensions for drug
convictions, even if you were not driving at the time of the
offense. Even the
possession, manufacture
or distribution of drugs
may result in a driver’s
license suspension. If
there are no prior drug
violations, your driver’s
license is suspended for
six months.
A restricted license will not be issued during the rst
30 days of the suspension. One or more prior drug
convictions in seven years means your driver’s license
will be suspended for one year, and a restricted
license will not be issued during the rst 60 days of
the suspension. The driver’s license reinstatement fee
is $125. This fee is separate from the reinstatement
fee required for any other driving activity.
Marijuana is gaining acceptance as having
legitimate medicinal applications and as a
recreational drug, as evidenced by trends in state
laws permitting its use. Although marijuana may
be legal for medicinal or recreational use in some
states, it is still not legal, safe or wise to operate a
motor vehicle while impaired by marijuana since it
tends to distort your perception of time, space and
speed.
The Michigan Ofce of Highway Safety Planning
reports that in Michigan it is legal to:
• Transport 2.5 ounces or less of marijuana if you
are age 21 or older. Not more than 15 grams of
marijuana may be in the form of a marijuana
concentrate.
But it is illegal to:
• Operate, navigate, or be in physical control of
any motor vehicle, aircraft, snowmobile, off-road
recreational vehicle, or motorboat while under
the inuence of marijuana.
• Consume marijuana while operating,
navigating, or being in physical control of any
motor vehicle, aircraft, snowmobile, off-road
recreational vehicle, or motorboat. Drivers and
their passengers are prohibited from smoking
marijuana within the passenger area of a vehicle
upon a public way.
• Transport marijuana into Canada.
Law enforcement look for impairment based
on driving, personal observations of the driver,
and how a driver performs on standardized and
nonstandardized eld sobriety tests. A police ofcer
may request a chemical test if circumstances
indicate one is warranted. Refusing to submit to
a chemical test will result in a license suspension
pursuant to Michigan’s implied consent law. Under
this law, all drivers are considered to have given
consent to the test when they apply for and renew
their driver’s license.
The penalties for operating under the inuence of
marijuana are the same as operating under the
inuence of alcohol. These penalties can include up
to 93 days in jail, up to a $500 ne, license suspension,
six points on a person’s driving record, and more.
There are heightened penalties if a driver has minors
in the vehicle.
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What Every Driver Must Know
Chapter 2: Your Driving Record
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Michigan law allows for a driver reexamination
based on one or more of the following criteria:
• The Secretary of State has reason to believe that
you are unt to drive a motor vehicle or have a
physical, visual or mental condition that makes it
unsafe for you to operate a motor vehicle.
• Any crash resulting in a fatality where the crash
report indicates that you were negligent or had
been drinking.
• You have been in three or more trafc crashes
resulting in personal injury or property damage
over the past two years.
• You have accumulated 12 or more points within a
two-year period.
• You have been convicted of violating the
restrictions, terms or conditions of your license.
If you are required to attend a reexamination, a
driver analyst will review your driving record and
discuss your driving behavior with you. If your license
is restricted, suspended or revoked as a result of the
reexamination, you will be apprised of your appeal
rights and license reinstatement information.
A reexamination held due to medical issues may
require you to pass several tests, such as vision, written
and on-road exams. You may also be required to
present your current medical, vision or psychological
information.
Driver reexaminations
The Secretary of State may conduct a reexamination
if there is reason to believe you are unable to operate
a motor vehicle safely because of health reasons, or
for violating the restrictions on a driver’s license, crash
involvement or an unsatisfactory driving record.
If you are a probationary driver or in the Graduated
Driver Licensing program, you may be required to
attend a driver reexamination after only one or two
violations.
The purpose of the driver reexamination is to discuss
driving performance, determine the appropriate
licensing controls to reduce driving risk associated
with this performance and encourage improvement.
Licensing controls may include restrictions,
suspensions, revocations or a combination of these
actions.
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