The state of Michigan revokes your license for two or more drinking and driving offenses within a seven-year period you. The process to get it back involves the Secretary of State Driver Assessment Appeal Division. The process can be complicated, and most people are rejected without an experienced lawyer.
The secretary of state is requires more than a promise that you learned your lesson and will never drive on drugs or alcohol again.
Getting a License Back After Being Revoked for Drinking and Driving
As mentioned above, two or more DUI’s within seven years will result in being labeled at a habitual offender under Administrative Rule 257.313, and as such will result in a mandatory minimum of a one year driving revocation. Reinstatement is NOT automatic.
In order to get their license back, the person making the request has the burden of proof by clear and convincing evidence that they have maintained a certain minimum period of abstinence from all alcohol and illegal drugs (usually one year), and must demonstrate that their substance abuse or dependence issues are under control. This abstinence from drugs also includes the abuse of prescription drugs.
In a nut shell, the person trying to obtain a driver license must prove that they have not drunk or used drugs for at least a year and will not ever drink or use drugs ever again.
Winning a Driver License Hearing
In order to meet the burden of proof you need support letters, a positive substance abuse evaluation, and clean 10-panel drug screen. There is an 8-page affidavit that must be completed as well. Additional, but not required, evidence would include proof of AA attendance, some other support group, or counseling.
Once all the documents are properly submitted to the Secretary of State you will be given a hearing date. The hearing will be held at a Secretary of State branch office in the Driver Assessment and Appeal Division. You will be sworn in and testimony will be taken.
Having a lawyer assist you in preparing the paper work as well as the hearing makes all the difference. The major benefit to having a lawyer is that they can go with you to the hearing and help you present your testimony.
Aaron Boria handles multiple driver license cases each month. This year to date, we have won every single one of them! If we take your case we will get you your license back, and if we don’t we will do it again when you are eligible at no additional legal fee.*
Click here for more information on Michigan driver license restoration.
*Some conditions apply.