This blog is a Question and Answer for people who had their Michigan driver license revoked for two or more driving under the influence of drug or alcohol offenses within seven years and how to get their driving privileges back.
How do I get my driver license back after drinking and driving?
In order to get your driver license back after drinking and driving convictions (or driving under the influence of drugs) you must request a hearing with the Michigan Secretary of State Driver Assessment and Appeal Division. These hearings are held right inside a secretary of state branch office.
In order to request the hearing you must fill out the request form, SOS 257, which doubles as an affidavit. You must also provide a substance abuse evaluation, a clean drug screen, and letters of support.
The items that you submit will be used as evidence at the hearing in deciding if you should be granted driving privileges. There are certain requirements that must be in the documentation in order for them to carry legal weight. Your driver license restoration lawyer will go over these requirements in greater depth with you.
At the hearing your lawyer will help you present evidence including helping you testify.
What do I have to Prove to Get My License Back After Drinking and Driving?
A lot of people are under the misconception that all they need to do is reassure the driver assessment and appeal division hearing officer that you learned your lesson, that you won’t drink and drive again, that not having a license is hard on you, and that you are a good person, but that is not the case.
The legal standard to get your driver license back after multiple DUI convictions is to show by clear and convincing evidence that you are abstaining from drugs and alcohol all together and will continue to abstain for the rest of your life.
The Michigan Secretary of States Driver Assessment and Appeal Division defines abstaining from drugs and alcohol as not using them at all for a minimum of a year.
The documentation mentioned above along with your sworn testimony is used to meet this legal burden.
The other requirement you must meet is that you are motivated to follow the rules of the road. The easiest way to meet this burden is to avoid having any tickets during the time that your license is revoked. However, many of our clients have received tickets and are still granted driving privileges after the hearing.
Do you Automatically Lose Your First Driver Assessment and Appeals Hearing?
Another misconception is that you will automatically lose your first driver license hearing. This could not be further from the truth. The majority of our client’s are appearing in front of the Michigan Secretary of States Driver Assessment and Appeal Division for their first time. In 5 years we have lost less than 4 hearings, and those losses had nothing to do with the applicant being a first time applicant.
Many people one to save a few bucks and attend the hearing without an attorney, a poor decision. When you attend the hearing you testify under oath and you create a hearing. By doing this you are creating a record that you will be held to later. When people attend these hearings without a lawyer they often get nervous and say things they don’t mean that ultimately results in them losing their hearing and digging a hole that makes it harder for them to win a hearing in the future.
Can I Get a Driver License In Another State?
If you were given a driver license by Michigan you cannot go to another state and get a driver license. The state you move to will not issue you a license until your Michigan driver license has been reinstated.
In some situations the foreign state may issue a driver license but eventually the person will receive a notification that the license is no longer valid or when they go to renew their license the department of motor vehicles will not renew their driving privileges.
Michigan Driver License Lawyer
If you lose your hearing then you are not eligible for another hearing for a year. This is one reason why it is so important to have a knowledgeable and skilled attorney when trying to get your driver license back.
If your driver license has been revoked for multiple driving under the influence offenses get it back. Michigan driver license lawyer, Aaron J. Boria, knows the law, knows the hearing officers, and knows how to get you back on the road.
Aaron J. Boria has obtained countless licenses for his clients over the past five years. Boria is so knowledgeable on the subject that many lawyers come to him for advice on their own driver license cases.
The reason Boria is so successful in obtaining revoked driver licenses is his careful eye for detail. He makes certain that all of the documentation is perfectly executed so there are no discrepancies. Boria also sites down with his clients and goes over their testimony so that they know what is going to happen at the hearing and there are no surprises. Boria then attends the hearing with his clients to present evidence and testimony and to make sure that things go as smoothly as possible.
For a free consultation call (734) 453-7806.