If you have been convicted for at least two drinking and driving offenses in seven years the Secretary of State will classify you as a habitual offender and automatically revoke your license.
You do not get your license back after a year automatically for DUI
Under the habitual offender rules, many people are under the false belief that your license will only be suspended for one year, which is not true. Many petitioners as well as lawyers unfamiliar with Michigan drinking and driving laws confuse the rules on Michigan driver license restoration. Your license is revoked for a minimum of one year but it does not get reinstated after a year.
Suspended License v Revoked License as a habitual offender
In a driver license suspension your privilege to drive is unavailable for a period of time. After that period of time the suspended driver can walk into any Michigan Secretary of State and pay a reinstatement fee and be on their way.
In a driver license revocation your privilege to drive is terminated indefinitely. A revoked driver cannot simply walk into the Secretary of State and seek a reinstatement. A revoked driver must attend a hearing at the Secretary of State and present evidence and meet a legal burden before they will be able to drive again.
The Driver Assessment and Appeal Division Hearing
A lot of preparation goes into the hearing. The process of restoring your license can be broken down into two steps. The first being the procedural step that involves gathering evidence and applying for the hearing and the second step involves presenting the evidence at the hearing in person.
Preparing for a Michigan Driver Assessment and Appeal Division Hearing
You are required to present a minimum of three support letters. You must also present a substance abuse evaluation, 10-pannle-drug screen, and other related documents. The documents are then sent to the secretary or state and a hearing will be set.
The Michigan Driver Assessment and Appeal Division Hearing
At the hearing you will present the evidence you gathered in step one. You will also have an opportunity to present testimony to the hearing officer and the hearing officer will have an opportunity to cross-examine you. You may also present a witness.
What do I need to prove to get my license back?
The burden in these cases is clear and convincing evidence. Under that burden you must show that you have not drank alcohol or abused drugs for a minimum or one year and will not ever use alcohol or abuse drugs ever again.
Michigan driver license lawyer
Don’t take on the Michigan Secretary of State Driver Assessment and Appeal Division alone. The paper work can be complicated. Many substance abuse evaluators are better than others. There is certain information your support letters must have for them to be accepted as evidence. There are also time limits on the materials and when they should be submitted.
The hearing can be complicated. The hearing officers deny hundreds if now thousands of petitioners every year. They are not their with a rubber stamp. You will be cross-examined and asked questions about everything from your friends to what is you keep in your medicine cabinet.
Do date Aaron J. Boria, PLLC, has yet to lose even a single DAAD hearing where we prepared our clients from beginning to end. We know the DAAD rules, we know the hearing officers, we know how to get your Michigan driver license back.
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Call Michigan driver license restoration lawyer Aaron J. Boria today (734) 453-7806