NyQuil use as a defense for a positive alcohol test while on probation.
NyQuil’s use as an alcohol test defense is offered as a way to explain a positive test for probation and interlock violations. While NyQuil contains alcohol, the effect should not be enough to produce a positive alcohol test result when used properly. The results would be negligible at best.
There are many reasons you should not use NyQuil as a defense for a positive alcohol test while on probation. First and foremost, the courts have heard this too many times. Using NyQuil as a defense against an alcohol test while on probation can actually make you look suspect in other ways. For example, will raise concerns about your overall sobriety, or suggest that you are trying to hide something from your probation officer.
The problem with NyQuil as an alcohol test defense is that the alcohol in a dose of NyQuil is too short-lived to produce a substantial blood alcohol level. NyQuil effects last for 2 hours before they subside entirely. Therefore, any test will capture your actual drinking pattern because the alcohol level would be at .00 a short time later.
Michigan is known for its harsh penalties and high fines associated with drunk driving. If you are arrested for driving under the influence, you could face severe consequences such as suspension of your driver’s license, revocation, fines, and even imprisonment.
One of the Michigan Secretary of State’s primary sanctions associated with drinking and driving is the interlock requirement. This device prevents you from starting your car if it detects alcohol on your breath. Usually, however, people have an interlock device installed in their vehicle when their license has been reinstated after winning a driver’s license appeal at the Secretary of State hearing office.
A person granted a restricted license following a driver’s license restoration hearing, an OWI with a high BAC, or according court supervised sobriety court, must an interlock device Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle. The device measures the driver’s bodily alcohol content (BAC), and prevents the car from starting if the BAC is .025 or higher. The interlock device will require the driver to perform rolling retests while the person is driving.
What is a Michigan interlock violation?
An interlock violation occurs when one condition or requirements of the device have been violated.
The Michigan Driver’s License Appeal process can be pretty complex and intimidating. Appealing a driver’s license revocation in Michigan is challenging. Read more on why a Michigan driver’s license appeal is hard to win.
However, with the proper guidance, you can successfully navigate the steps involved and have your case heard by a hearing officer at the Office of Hearings and Administrative Oversight (OHAO) at the Secretary of State. This guide summarizes the steps involved in appealing a driver’s license revocation in Michigan so that you can prepare to win your hearing.
Overview of the OHAO Michigan driver’s license appeal process.
This post summarizes the OHAO Michigan driver’s license appeal process based on our lengthy experience handling driver’s license appeals with the Michigan Department of State, Office of Hearings, and Administrative Oversight (OHAO). The OHAO was formerly known as the Driver License Appeal Division or DLAD. The OHAO is the division of the Secretary of State that will handle and hear your driver’s license restoration hearing.
How to reinstate your suspended Michigan driver’s license.
“How do I reinstate my suspended Michigan driver’s license?”
Michigan drivers ask us this question every day. To reinstate your suspended Michigan driver’s license means understanding the reason your license was suspended or revoked and what you must do to fix it.
The reinstatement procedure varies depending on what type of violation occurred. For reinstating your driving privileges after an OWI/DUI, you will need to reinstate your license through the Secretary of State (or SOS), while reinstatement after a traffic violation or failure to pay a ticket is completed through the court. Be aware that reinstating your driver’s license can be complicated, expensive, and time-consuming – especially with multiple violations on your record.
Suspensions vs Revocations
Many people confuse suspensions and revocations. It is important to understand the difference because the process to reinstate your license is different depending on whether your license is revoked or suspended.
If your license is revoked, then you have lost your license indefinitely. To restore a revoked license, you have to attend a hearing at the SOS. On the other hand, if your driver’s license is suspended, then you can just wait until the suspension expires and your license will be reinstated after payment of a fee.
2021 law reinstated 73,000 Michigan driver’s licenses
A new law took effect that eliminated driver’s license suspensions for approximately 73,000 Michigan residents who failed to pay tickets, court fines, or failed to appear in court for certain non-moving and other violations. The Secretary of State will automatically reinstate your suspended Michigan driver’s license if you qualify. The 73,000 people affected by this law will be able to use their existing license or have a new one immediately issued by the Secretary of State.
If you have additional suspensions on your record you must resolve those matters before reinstatement of your suspended Michigan driver’s license will take place. If you are a driver with additional infractions on your record, including additional suspensions or revocations, you will need to address those issues before you will be able to reinstate your suspended Michigan license.
How to appeal a Michigan Secretary of State license denial to circuit court.
If you lost your Michigan driver’s license hearing, you may be able to appeal the Michigan Secretary of State license denial to the circuit court. The written order issued by the hearing officer may show that the hearing officer abused their discretion and improperly denied your license privileges. This article explains how to appeal the denial to the circuit court for relief.
