DRIVER LICENSE RESTORIATION / REFUSING A BREATH TEST

Few things are harder than getting around in Michigan without the ability to drive. Call (734) 453-7806 to get back on the road.

Aaron J. Boria, PLLC, is exceptional at restoring the privilege to drive to those that have been restricted, suspended, or revoked. We guide our clients through the confusing process and we are with them every step of the way.

GET YOUR LICENSE BACK WITH OUR LAW FIRM

Aaron J. Boria, PLLC is the premier law firm for driver license restoration. Losing your ability to drive can feel confined, like you lost your freedom or even your life.

Our firm is concrete when it comes to restoring your ability to drive. Whether your license was revoked for multiple drinking and driving convictions, substance abuse convictions, or because you refused breath or blood testing during an arrest, The Law Firm of Aaron J. Boria, PLLC, knows the law and we can get you back on the road.

If your license has been revoked for two or more drinking and driving offenses then you are classified as a habitual offender. Our firm knows how to prove otherwise to the Michigan Secretary of State’s Driver Assessment and Appeal Division. We can regain your ability to get back behind the wheel and on the road.

Refusing a breathalyzer could mean the loss of your ability to drive for an entire year. We represent clients at both the Michigan Secretary of State and on appeals to the circuit court for Implied Consent Violations. Whatever your cases needs, Aaron J. Boria, PLLC knows how to get it done.

Call:(734) 453-7806

License Revoked for Two or More DUI or Substance Convictions

    The Michigan Secretary of State will revoke your driver’s license if you have been convicted for two or more drinking and driving offenses or specified substance abuse offenses within seven years. In order to get your driver license back then you must request a Driver Assessment and Appeal Division (DAAD) Hearing to get your drivers license back.
    A revoked license means no driving whatsoever, not even for emergencies. If you are caught driving you will be charged with a criminal offense and the date to obtain your license will be pushed out for at least an additional year but could be as much as five additional years.The process for restoring your ability to drive is paper intensive, can be confusing, and time consuming. Driver license lawyer Aaron J. Boria has the knowledge of the law and the attention to detail that is required to successfully regain your privilege to drive.

    What do I have to prove to get my driver license back from drink and driving?

    At the Driver Assessment and Appeal Division hearing, the burden is on you to prove by clear and convincing evidence that you have abstained from drugs and alcohol for a minimum of a year and will continue to abstain from drugs and alcohol for the rest of your life.
    In simple English, this means that you must convince the Driver Assessment and Appeal Division that it is more likely then not that you have not drunk alcohol or used drugs for at least a year and will never use them again. It is important to note that the burden is not to convince them that you will never drink and drive again, but that you will never drink again.
    Many people go to the driver assessment and appeal division and try to convince the hearing officer that they have changed their ways and will never get into a car after drinking again. This is not enough to meet the burden required to get your license back, and if you state that you are still drinking you will lose on the spot.

    What is required at a Driver Assessment and Appeal Division Hearing?

    In order to meet your burden with the Michigan Secretary of State Driver Assessment and Appeal division and prove that you have been abstaining from alcohol or drugs you are required to provide the following:
    • Secretary of State affidavit form SOS257
    • Substance abuse assessment on Secretary of State form SOS258
    • 10-Panle-drug screen with least two integrity variables such as specific gravity, urine creatinine or pH level.
    • Letters of support (3 at a minimum)
    Once those documents are sent to the Michigan Secretary of State in Lansing you will be scheduled to have a hearing at a local Secretary of State branch office. Some of the hearings are in person and some of the hearings are via a video monitor.
    At the hearing you will be asked questions about your sobriety, drugs and alcohol, past convictions that involved drugs and alcohol regardless if offenses involved an automobile.

    Will I be required to have breath alcohol ignition interlock device on my car?

    More than likely the Driver Assessment and Appeals Division Hearing Officer will require that you drive for one year on the breath alcohol ignition interlock device (BAIID) before they will grant you an unrestricted license. There is a charge to rent the device and it varies among competing providers.

    Will I lose my first driver license reinstatement hearing?

    Many people are under the false impression that they will lose their first driver license reinstatement hearing. This is just plain incorrect. If you lose your hearing then you have to wait an entire year before you can apply for another hearing. We believe the reason for these people losing is because they want to save a buck so they go to the hearing without a lawyer and have no idea what the requirements are or they go with a lawyer who doesn't know what they are doing.
    Michigan driver license lawyer, Aaron J. Boria has been representing those who have had their driver license revoked for drinking and driving with over a 90% driver license reinstatement rate. This includes people who were applying to get their license back a first time.
    Attorney Aaron J. Boria account for all of these wins by preparing his clients from beginning to end. Boria reviews all of his client’s documentation and helps them fill out all of the necessary documentation. Our clients are referred to the best substance abuse evaluators for their evaluation and and drug screen. Boria provides a mock hearing so his clients are prepared to answer the tough questions asked by the Hearing Officers. Boria appears with his clients at the hearing where he presents their evidence and helps them testify. Driver license restoration lawyer Aaron J. Boria has given countless drivers their life back by restoring their ability to drive.

License Restoration for Non-Michigan residents

    If you obtained your drivers license from the state of Michigan and were then convicted of two or more drinking and driving offense within seven years you will need to restore your license through the Michigan Secretary of State before you can get licensed in any other state.
    Driver license lawyer, Aaron J. Boria sets his clients up for success from the start. The law office of Aaron J. Boria has successfully restored numerous out of state drivers their privilege to drive without ever having to step foot in Michigan. That’s right, through the Driver Assessment and Appeal Division administrative review process you can avoid having to attend an in person hearing.
    Once the Michigan Secretary of State has restored your revoked driver license you will be able to obtain a license in your new state of residence baring any other holds.
    Unlike Michigan residents who are trying to regain their driver license while still living in the state, if successful, you will not be required to have a breath alcohol ignition interlock device on your vehicle.

Refusing a Breathalyzer - Implied Consent Violation

    Michigan law says that if you operate a motor vehicle on a road generally accessible to the public and have been arrested for suspicion of driving under the influence of alcohol or drugs you have already consented to Michigan’s Implied Consent Law. Michigan Implied Consent Law requires you to submit to a chemical test upon a DUI arrest.
    A violation of Michigan’s Implied Consent Law results in a one-year license suspension under MCL 257.625f(1)(a) and 6 points on your driving record under MCL 257.320a(8). A second offense within seven years results in a two-year license suspension. Even if your underlying DUI is dismissed, or you are found not guilty, the implied consent penalties will stay in effect. This is why it is important to contact an implied consent lawyer immediately.
    You only have 14 days to request a hearing for an alleged implied consent refusal or you are forever bared MCL 257.625f(1).
    At a hearing you will have an opportunity to challenge the alleged refusal on four specified legal grounds listed under MCL 257.625f(4). The issues are:
  • Whether the police officer had reasonable grounds to believe the person committed a driving under the influence offense.
  • Whether the person was placed under arrest for a driving under the influence offense.
  • Whether the person was advised of their chemical testing rights.
  • Whether the person was refused to submit to the test at the request of the police officer.
  • At the hearing your lawyer will have an opportunity to cross-examine the arresting officer and present evidence. If you are successful your license will stay valid.
    Michigan law MCL 257.323(1) allows first-time offenders that lose their hearing or fail to request a hearing can request a restricted license based on hardship at the circuit court. Information about this process can be found in the section below.
    There is an exception to the Implied Consent Law. If you suffer with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician then you are NOT considered to have given consent to the withdrawal of blood and you have the legal right to deny a blood draw.

Breath Test Refusal Appeal – Hardship Drivers License

    If you refused a breath or chemical test after being arrested for drinking and driving your Michigan driver’s license will be suspended for a year. If it is your first time violating Michigan’s implied consent law you can appeal your driver’s license suspension to the circuit court for restricted driving privileges based on hardship.
    The process is fairly paper intensive and somewhat complicated but a great drivers license lawyer like Aaron J. will get you into the court for a hardship license hearing. Our firm has been successful obtaining hardship driver’s licenses for our clients all over the state.

    What is a Hardship Drivers License?

    The circuit court has the ability to grant a restricted license based on a hardship in order to allow you to drive to work, school, court, medical treatment and other destinations allowed by law.
    Under MCL 257.323c hardship is defined by a person who is reasonably unable to take public transportation to and from his or her work location, place of alcohol or drug education or treatment, or educational institution, and does not have a family member or other person able to provide transportation.
    Michigan law MCL 257.323(3) precludes a hardship license from being granted to someone who drives a commercial motor vehicle that hulls hazardous material.

    Where can I drive on a restricted license?

    MCL 257.323c lists the places a person can drive if the circuit court grants you a restricted license based on hardship.
  • To and from work and in the course of the person's employment
  • To and from an alcohol or drug education treatment program ordered by the court
  • To and from the court’s probation department, or a court-ordered community service program
  • To and from school or an educational institution where the person is enrolled as a student

“My license was revoked for two driving on drugs offenses. I had appealed without an attorney before and lost. I went with Mr. Boria to the DAAD hearing and three weeks later I had an order for a license.” – “A” in Sterling Heights, MI