DRIVERS LICENSE RESTORATION IN MICHIGAN
The Secretary of State will take action against your privilege to drive for a variety of violations. The degree of action taken depends on multiple factors, including: Seriousness of the offense, your prior driving record, and how well you comply with the penalties.
Licensing actions range in degrees of severity:
Restricted License: On a restricted license, an operator can drive to necessary medical appointments, school, and work. The restriction ends when some condition is met, in most cases a time frame is met.
Suspended License: On a suspended license a drive cannot operate a vehicle. The suspension ends when some condition is met, usually a time frame and payment of a fine.
Revocation: A revoked license means the drive is no longer licensed to drive. The driver must then appeal to the driver license appeal board in order to get their license back. This process can be lengthy and complicated, and there is no guarantee your appeal will be granted. The first revocation is for 1 year. The second revocation is for 5 years if it occurs within 7 years of the first revocation.
Under Michigan law, a person is classified as a habitual offender if they are convicted of two alcohol offenses within in 7 years. Any combination of two alcohol offenses is subject to revocation under the habitual offender law applied after October 1, 1999.
The minimal revocation time is 1 year. After a year the driver is sent an Order of Revocation from the secretary of state. This in forms the driver that they may appeal the revocation.
The Driver’s Assessment and Appeal Division (DAAD) handles appeals of revocation. A driver must request a hearing in order to be heard by the board.
In order to have a request for hearing to be granted certain requirements must be met. The requirements are the following and must be sent to the Secretary of State:
1. A request for hearing
2. A Drug abuse evaluation form completed by a professional
3. A drug screen
4. A drug abuse evaluation approved by the state
5. Letters of recommendation
6. Other proof of sobriety
The Secretary of State has a Driver License Appeal Practice Manual available on their website complete with the requirements.
IGNITION INTERLOCK DEVICE
If your appeal is granted by the DAAD the driver is required to install an interlock device in their vehicle.
The interlock device also called a Breath Alcohol Ignition Interlock Device (BAIID). The device is installed in the driver’s car. The device will not allow the car to be started if the person blows over .025 Blood Alcohol Content (BAC). The device also requires a person to randomly blow into the device while driving.
Contrary to popular belief the device does NOT just shut off while a person is driving if they blow dirty. The device registers when a person blows dirty and saves the information in a computer. The device may lock the person out of starting the car up later.
The cost of the device can range greatly depending on who installs the device. Generally, there is a cost for installation, cost to rent, and cost to remove the device. The Michigan Legislature has set up a maximum fee schedule that may be charged to indigent persons. The Secretary of State has an approved list of those who may install the interlock device.
After the required period of time lapses, and the interlock device is removed a Final Report is created. The driver can then petition the DAAD for a hearing and present the final report. If the report is favorable and the hearing goes well the drive may finally have their complete license restored.
If you are interested in getting back on the road hire a Michigan license restoration attorney. Call Aaron J. Boria, PLLC, today for a free consultation 734-453-7806.