We have written a lot of blogs about Michigan driver license restoration success stories and from the looks of it they are going to keep on coming. We recently won another hearing for a client who had their license revoked for two drinking and driving convictions. He had not driven in years. He called driver license restoration lawyer, Aaron J. Boria and we got him a full license granted and now he’s back on the road.
License Revoked for Drinking and Driving – Michigan
Our client was a teenage when he was arrested for his first drinking and driving offense on the west side of the state. He was then arrested for a possession of marijuana offense and in his early 20’s he was convicted of his second drinking and driving offense, less than seven years after his first offense.
The State of Michigan enacted a law many years back where a person’s driving privileges would be revoked for having multiple drinking and driving offenses in what they consider to be a short period of time. Michigan revokes a person’s driver license for a minimum of 5 years if they have three drinking and driving offenses within 10 years, or in this case, Michigan revoked the driver license for a minimum of one year for two drinking and driving offenses within 7 years.
The word “minimum” is used when talking about the license revocation period because that is the amount of time that must go by before a person can request a hearing to see if they can have their driving privileges restored.
This is also why it is referred to as a driver license revocation rather than a suspension. In a suspension a period of time passes, a person got to the Michigan Secretary of State pays a fee, and their license is reinstated. Once a license is revoked for DUI you must win a hearing in order to get back on the road.
Driver Assessment and Appeal Division – License Restoration
As mentioned above, you have to have a hearing after being convicted of multiple drunk driving offenses in order to get your drivers license back. The hearing will be head with the Michigan Driver Assessment and Appeal Division.
You cannot just walk in and have a driver license hearing. You have to apply for the hearing and if you do not have the proper documents your hearing will be denied.
At a minimum, you must send in an 8-page affidavit on Secretary of State form SOS 257, a substance abuse evaluation on SOS 258, a 10-panle-drug screen, and three letters of support. I say, “at a minimum” because I require my clients have at least six letters of support, and additional support information.
Michigan law says that in order to get your license back, you must be able to prove by clear and convincing evidence that you are clean and sober from drugs and alcohol and that you are going to stay clean and sober from drugs and alcohol for the rest of your life.
This means that unlike a criminal case where the prosecutor carries the burden of proving your guilt, you must do the work to prove you are sober. Clear and convincing evidence means more likely then not, so more likely then not that you are sober and will stay sober.
Many people are under the false impression that they only have to show that they are not drinking and driving, have learned their lesson, and will not drink and driving again, this is false. If you tell the hearing officers you are still drinking but not driving you will lose.
Michigan Driver License Lawyer
Driver license lawyer, Aaron J. Boria has won countless driver assessment and appeal division hearings. We represent people living here in Michigan and people who used to live in Michigan and now reside out of state.
Countless clients have come to us complaining that their previous lawyer let them down, or they went without a lawyer and were unsuccessful. We pride ourselves on restoring client’s their driving privileges.
Why do we win so much? We help prepare all of the documents with our clients in order to make certain that everything is perfect. We go over their letters of support again and again until they are perfect. Then we have a mock hearing with our clients so that they know the tough questions the hearing officers are going to be asking and how to answer them. Finally, we go with out clients to the Driver Assessment and Appeal Division hearing where we help them testify and present evidence.
At Aaron J. Boria PLLC, we gain our reputation by winning. Unfortunately, that means we have to spend more time on these cases then the average lawyer, which in turn means that we can only take so many cases per month.
Call (734) 453-7806 today to see if you would be a good candidate for our firm and we will get you back on the road.