By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 11, 2022
If the Michigan Secretary of State revoked your driver’s license because of multiple drunk driving convictions, you may appeal the revocation to the Michigan Office of Hearings and Administrative Oversight (OHAO). The OHAO reviews driver’s license revocation appeals and determines whether to overturn the revocation. This article discusses license revocations and appeals to the OHAO.
The OHAO will review your case and determine whether to overturn the revocation. If the OHAO overturns the revocation, you will get your driver’s license reinstated. Learn more about the OHAO driver’s license restoration process.
If the SOS revoked your Michigan driver’s license revoked and are considering appealing, contact an experienced driver’s license attorney. The license restoration process is complex. A lawyer can help you navigate the appeals process, prevent mistakes, and increase your chances of having your license reinstated.
Based on our many years of license appeal experience, we want to provide information on what you need for a hearing at the Michigan Department of State, Office of Hearings and Administrative Oversight (OHAO).
The SOS classifies someone with multiple drunk driving convictions as a “habitual offender.” Learn why in this article. The SOS imposes indefinite license revocations for the following situations:
- 2 or more convictions for drunk driving or operating under the influence of drugs within 7 years
- 3 or more convictions for drunk driving or operating under the influence of drugs within 10 years.
- A conviction for drunk driving or operating under the influence of drugs causing a serious injury or death.
- Any felony conviction that results in a license revocation
If someone has two convictions within seven years or three within ten years, the SOS labels the person as a “habitual offender.” When the Michigan Secretary of State revokes a someone’s license for multiple OWI convictions, it is for a lifetime until reinstated at an OHAO hearing.
The penalties imposed by the SOS are separate and distinct from a court’s sentence for a conviction. As a separate branch of government, the court cannot override the revocation unless the SOS had heard the case at a license appeal hearing at the OHAO.
When is someone eligible to appeal their license after two OWI convictions within seven years?
When the SOS revokes someone’s license for a two within seven situation, they have to wait a year before they can appeal the case to the OHAO. If the person is still on probation, that time period may be extended for an additional year to satisfy the requirement that a person demonstrate a period of sobriety without supervision. However, a motion to end probation early can help speed up your eligibility date.
If the police catch a someone driving while under the one year revocation, they will receive an additional year revocation that only starts after the first revocation ends. So, you must finish the first year and then the second revocation starts for another year.
When is someone eligible to appeal their license after three OWI convictions within ten years?
When the SOS revokes someone’s license for three within ten years, the law requires that the individual wait five years before requesting an appeal. Similar to the penalty for being caught while driving when revoked for one year, if the police catch someone driving on a five-year revocation, they must wait until the first five years expire, and then start another five-year revocation.
If you are caught driving while revoked, you must hire an attorney to work with the prosecutor to get that offense dismissed and reduced to an infraction that does not get reported to the SOS.
The key to winning a license hearing is sobriety.
In either revocation situation, the key to winning a license appeal is sobriety. In this article, we explain what sobriety means in the context of license revocations and Appeals to the OHAO. In this article we explain how to win your license hearing.
While someone cannot apply for a license hearing for either one or five years, the time frame runs after the completion of probation or jail sentence. An applicant must demonstrate a period of sobriety while unsupervised by the court if they are to have any chance to win a license appeal.
Although the courts cannot override the revocation period, a court can grant a motion to end your probation early, so the clock runs earlier. You must consult with an attorney to determine your chances of success.
What do you need to file for a hearing for driver’s license revocations and appeals to the OHAO?
Before the OHASO will grant a hearing request, you must fulfill all the evidentiary requirements. The documentation includes:
- Forms 257 and 258: Substance abuse evaluation and petitioner’s affidavit
- 12 Panel Drug Screen with a minimum of two integrity variables
- Six reference letters confirming your sobriety – we go into detail what the letters must say in this article
- Physician’s statement of examination if necessary -DI4P: A physician’s statement is required if you are on medication or have a medical condition that may affect your ability to safely operate a car.
- Evidence that you attended support meetings, counseling, or AA.
- Additional positive documentation, such as completion probation, Sobriety Court.
An attorney will give you the best chance of winning your hearing the first time.
If you’re considering filing for a license appeal, it is advisable to hire an attorney who is familiar with the OHAO process. Restoring a license is specific and specialized. For your license restoration hearing, you must provide consistent and credible evidence. Your evidence must be consistent with the standards of certain hearing officers or you could lose your hearing.
If your evidence doesn’t prove you are sober and will remain that way, you will lose your hearing. An experienced OHAO lawyer will help you prepare for your evaluation and increase your chances of winning an OHAO Hearing. Here are some examples of how you could lose your OHAO hearing.
- Inconsistent sobriety dates on the reference letters, substance abuse evaluation report, or during your testimony
- Failure to mention prior criminal convictions involving alcohol or drugs.
- Failure to maintain the required period of uninterrupted sobriety.
- Failure to provide reasons for medication use
- Substance abuse evaluation (form 258) fails to include and consider medication use
- marijuana use
You must prepare for the hearing and know what each hearing officer expects.
We often represent clients who have tried to appear at a hearing on their own and lost. The losses occur because they don’t know how to prepare the evidence and how to present their case before the OHAO. Read more on ,”Why a license hearing is difficult to win.” The OHAO requires that an individual testify about their past, present, and future conduct. Any mistakes will result in a loss. The SOS will closely examine alcohol and drug use because the State of Michigan wants to ensure that you are sober and will safely operate a car.
Many people fail to realize the hearing officer will ask probing questions and make in-depth inquiries about their past, present, and for substance abuse. Many people don’t know the right way to approach these hearings or how to properly respond to the questions.
Our office developed a system for handling license revocations and appeals to the OHAO. We thoroughly explain the appeal process and how to present their case persuasively. We have a track record for success in winning hearings the first time. Our lawyers are familiar with the rules and how to win, having appeared before every OHAO officer in Michigan.
What happens after you win?
After you win your license restoration hearing, the SOS will grant you a restricted license with an interlock device. You will not be permitted to drive for any purpose than employment or on designated days and times. Learn about the key to winning your license hearing.
After successful completion of one year with the interlock, you can appeal to the OHAO for restoration of full driving privileges. You will need to go through the hearing again, submitting the same evidence as you did for the first hearing.
What happens if you lose?
You can appeal the SOS denial to the circuit court. We go into more detail in this article. However, we want to provide you with a summary of what to expect in an appeal to circuit court.
Circuit court appeals are a second opportunity for you to win your driving privileges. MCL 257.323 governs appeals to the circuit court. Once the brief and transcripts are filed with the court, the court clerk will schedule a hearing before a judge.
At the hearing, you can present additional evidence or testimony to correct any shortcomings that prevented you from winning your hearing at the OHAO. At circuit court, the judge can restore your driving privileges in full, grant a restricted license with an interlock device, or remand your case back to the Office of Hearings and Administrative Oversight for an immediate hearing.
The BAIID, Breath Alcohol Ignition Interlock Device
Michigan considers you a habitual drunk driver if you:
The interlock device measures a person’s alcohol content before starting and while driving the vehicle. If the BAC detects an alcohol level greater than.025, the BAIID prevents the vehicle from starting. If you fail a rolling retest, the vehicle will warn of a shut down timer.
Any alcohol readings, taper circumvent indications, or failed rolling retests will be reported to the Secretary of State and will result in a Michigan interlock violation. We discuss an interlock violation in greater detail in this article.
If you get a positive alcohol reading, you must go to a police station to get a PBT as close as possible in time to the positive reading. You need to prove you did not use alcohol. Keep a notebook in your car to record information that may be relevant to an interlock violation hearing.
Win your driver’s license and restoration hearing -the first time.
If the SOS revoked your license for OWI convictions, you have the right to a hearing before the Office of Hearings and Administrative Oversight (OHAO). At this hearing, you will have the opportunity to present evidence and argue why your license should be reinstated. Our experienced Michigan driver’s license attorneys can help you prepare for and win your OHAO hearing.
At our Czarnecki & Taylor, we have a team of experienced attorneys who have successfully represented many clients in their Michigan OHAO driver’s license hearings. We know what it takes to win these hearings, and we will do everything we can to help you get your driver’s license back.
Don’t represent yourself in the hearing. The odds are stacked against you, and you’re likely to lose your license hearing if you don’t have an experienced attorney on your side. We have years of experience with the driver’s license appeal process and can guide you through every step, ensuring that you have the best chance possible of winning your hearing the first time.
Contact our law firm today to schedule a consultation with one of our experienced Michigan OHAO driver’s license hearing attorneys. We will fight for you and do everything we can to help you win your hearing and keep your driver’s license.
Contact Czarnecki & Taylor. We will work with you to put you in this best position to win your hearing. Our experience handling license appeals spans two decades. Call for a Free Consultation. Phone 586-718-2345 or use the contact form by using the following link.