Can You Get Your License While on Probation? (KNOW THE LAW

Last Updated on April 11, 2024 by Melody Merit

Probation is a legal status that allows a person to remain in the community while having to comply with certain conditions1. One of the common questions that arise during this period is whether one can get a driver’s license while on probation. This question is particularly relevant for individuals whose licenses were previously revoked or suspended.

General Rule: Can You Get Your License While on Probation?

The general rule is that being on probation does not preclude you from getting your driver’s license2. If all the necessary conditions are met, such as paying all the required fees and completing any mandated programs, you should be able to get your driver’s license even while on probation2.

However, it’s important to note that this can vary depending on the specifics of your probation and the nature of your offense. For instance, if your license was suspended or revoked due to a conviction related to driving (like a DUI), the terms of your probation might include a condition that you cannot drive or apply for a new license during the probation period3.

In some cases, if you were convicted of a charge, then with or without the ability to have a license, you are denied a license for the two years following the conviction2. After 6 months though, you can petition the Department of Motor Vehicles for a Hardship, which is a restricted license for work and basic necessities2.

If you were given a withhold of adjudication, then you were not convicted and therefore you were not given a 2-year suspension. Under this scenario, you would be able to get your license NOW even if you were still on Probation2.

It’s always best to consult with a legal professional or your probation officer to understand the specific terms of your probation and how they might impact your ability to get a driver’s license.

Please note that this information is a general guideline and may not apply to all situations. Always consult with a legal professional for advice on your specific circumstances231.

Exceptions to the General Rule: Can You Get Your License While on Probation?

1. Probation for Criminal Conviction

If you are on probation for a criminal conviction, this will not preclude you from getting your driver’s license1. For example, if you were on probation for a first-time offense of possession, and you had paid all your dues, you should be able to get your driver’s license1.

2. Conviction of Certain Charges

If you were convicted of certain charges, then with or without the ability to have a license, you are denied a license for the two years following the conviction1. For instance, if you were convicted for a DUI, you would be denied a license for two years following the conviction1.

3. Withhold of Adjudication

If you were given a withhold of adjudication, then you were not convicted and therefore you were not given a 2-year suspension1. In this scenario, you would be able to get your license even if you were still on probation1.

4. Probation Violations

Certain probation violations could impact your ability to get a license2. For example, if you are on supervised probation and you miss an appointment with your probation officer, this could be considered a probation violation and could impact your ability to get a license2.

5. Ineligibility for Early Discharge from Probation

Certain crimes are not eligible for early discharge from probation, including domestic violence, assault with intent to do great bodily harm, stalking, criminal sexual conduct in the 2nd or 4th degree, any “listed offense” in the Michigan Sex Offenders Registration Act, any offense for which the defense of guilty but mentally ill was asserted, and human trafficking violations3. These crimes could potentially impact your ability to get a license while on probation3.

1. Can I get my driver’s license while on probation for a criminal conviction?

Yes, being on probation for a criminal conviction does not preclude you from getting your driver’s license1. If you have paid all your dues, you should be able to get your driver’s license today. However, had you been convicted, you would have had a two-year suspension of your license.

2. What happens if I drive without knowledge while my license is suspended during probation?

Driving without knowledge while your license is suspended is considered a civil infraction and generally will not violate your probation2. However, if you’re on probation for something such as DUI or driving on a suspended license, one of the conditions of probation is usually no driving without a license. That would violate your probation2.

3. Can I keep my license while on probation?

Yes, you can keep your license while on probation unless your probation contract says you cannot drive without a license. However, you need to take care of any citations you receive during this period. Either pay it, or fight it, but do not ignore it3.

4. Can I get a TLC license while on probation?

Yes, theoretically, you can get a TLC license while on probation. However, the probation officer needs to voice non-opposition, and the licensing agency may consider your conviction as part of the application and determination whether to provide you with the license4.

5. What happens if I was given a withhold of adjudication?

If you were given a withhold of adjudication, then you were not convicted and therefore you were not given a 2-year suspension1. Under this scenario, you would be able to get your license even if you were still on probation1.

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