Is it possible to get a Michigan Photo ID card if I have a paper license following an OWI arrest?
If you were stopped for OWI or a similar offense, the police officers likely took and destroyed your driver’s license and gave you a temporary, paper driver’s license. You can get a Michigan Photo ID card.
How to Get a Michigan Photo ID Card If You Have a Temporary Driver’s License
According to the Michigan Department of State, you can apply for a Michigan Photo ID card if your driver’s license is suspended, restricted, or revoked. However, an exception to the rule permits a Michigan resident to obtain a Michigan Photo ID card if they have a temporary driver’s license or permit.
According to the rule, you may obtain a Michigan Photo ID card if your driver license does not contain a photo for identification purposes, and you have been:
- Issued a Michigan Temporary Instruction Permit (TIP)
- Arrested for drunk driving and your driver license has been confiscated and destroyed by the police officer making the arrest, and a temporary permit has been issued
“Is a temporary driving permit the same as a driver’s license?”
Suppose you are ticketed or arrested for OWI, DUI, OWVI, OWPD, or a similar offense. In that case, Michigan law requires the arresting officer to confiscate and destroy your physical Michigan driver’s license and issue a temporary driving permit. The temporary driving permit gives you the same unrestricted driving privileges as the ordinary Michigan driver’s license. If you receive a temporary driver’s license, it is probably in your best interest to obtain a Michigan Photo ID card.
How to Apply for a Michigan Photo ID Card
First, you will have to visit a Secretary of State office personally. You must provide proof of a valid Social Security number or a letter of ineligibility from the Social Security Administration. All Social Security information will be verified, which may take more than one day. You will have to present proof of identity, U.S. citizenship or legal presence, and prove your Michigan residency. Your standard or enhanced state ID card is valid for up to four years and should arrive in the mail within two to three weeks.
It costs $10 to get a standard Michigan Photo ID card, unless you are 65 years old or older or legally blind. You can also get a fee waiver for “good cause.” Anyone who can show they get assistance from the Family Independence Program (FIP), State Disability Assistance (SDA), Social Security Disability Insurance (SSDI), or Supplemental Security Income (SSI) will be determined to have shown “good cause.”
“Where can I apply for a new driver’s license?”
If you are charged with any of the drunk or drug-related driving offenses, you will not be able to obtain a new driver’s license until your charge is dismissed or you are sentenced. So long as your license does not end up suspended or revoked due to a conviction, you will be eligible to apply for a license at that time. If your case results in a suspension or revocation of your driver’s license, you should apply for a Michigan Photo ID Card.
“What do I do if my driver’s license is expired?”
You cannot have a Michigan Photo ID Card and a Michigan driver’s license simultaneously, unless your license has been restricted, suspended, or revoked. The Michigan Department of State will renew the license of a person who has been issued a temporary driver’s license or permit because of a criminal driving charge. Under Michigan law, a person’s temporary driver’s license remains valid, but not if the ordinary driver’s license is expired. Secretary of State branch offices are notorious for telling individuals with paper, temporary licenses following an OWI arrest that their license cannot be renewed. A claim that your license cannot be renewed is untrue. If you are told that your license cannot be renewed, ask the branch manager to check with the Michigan Department of State Driving Records Activity Unit to clarify the rules. If that doesn’t work, your lawyer might have to intervene on your behalf.
If OWI Charges Are Not Issued for 90 Days
In many cases, officers ticket a driver for OWI or a related charge, and the case doesn’t go to court for months. Extended delays happen most frequently when there is a blood test, and the officer is waiting for the Michigan State Police forensic laboratory results. Long delays also can happen in cases with breath tests for various reasons. If a case is not prosecuted within 90 days, the police or prosecutor are required to notify the Michigan Department of State that the case has not yet been prosecuted. You may wish to apply for a Michigan Photo ID Card, but after this time period, the driver can apply for an ordinary driver’s license again. If neither the police nor prosecutor comply with the law and provide this notice, the intervention of a prominent, influential lawyer might be necessary to get them to comply.
Offenses Resulting in the Destruction of a Driver’s License
If you have been charged or arrested for any of these offenses, you should apply for a Michigan Photo ID Card because a state ID card is as valid as a driver’s license for identification purposes:
- Operating a vehicle while intoxicated due to the consumption of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination.
- Operating a vehicle while visibly impaired due to the consumption of alcoholic liquor, a controlled substance, other intoxicating substance, or a combination.
- Operating with any presence of schedule 1 drugs or cocaine.
- Causing the death of another while operating a vehicle while intoxicated, or while visibly impaired by alcoholic liquor, a controlled substance, other intoxicating substance or a combination, or with unlawful alcohol content.
- Causing serious injury to another while operating a vehicle while intoxicated or while visibly impaired by alcoholic liquor, a controlled substance, other intoxicating substance or a combination, or with an unlawful alcohol content.
- Operating a commercial motor vehicle with an alcohol content of 0.04 grams or more but less than 0.08 grams per 100 milliliters of blood, 210 liters of breath, or 67 milliliters of urine.
- Operating a vehicle while less than 21 years of age and having any alcohol content.
- Murder resulting from the operation of a motor vehicle.
- Manslaughter resulting from the operation of a motor vehicle.
- Reckless driving causing death.
- Reckless driving causing serious impairment of a body function.
- Moving violation causing death.
- Moving violation causing serious impairment of a body function.
- Refusing a Preliminary Breath Test if arrested while operating a commercial motor vehicle.
- Endangerment (Operating while intoxicated or while visibly impaired with a person under the age of 16 in the vehicle.)
Michigan’s Elite Criminal Defense Attorneys for OWI and all Traffic Crimes
If you face felony or misdemeanor charges in Michigan or need assistance with obtaining a Michigan Photo ID Card following an OWI arrest, our team of highly experienced criminal defense lawyers is ready, willing, and able to provide you with the highest caliber of criminal defense. We have an unparalleled track record of successfully defending clients in district and circuit courts in Oakland County, Wayne County, Macomb County, Washtenaw County, Livingston County, and other courts throughout Michigan. Call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation, and we will find a way to help you.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.