By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 1, 2022
If you have lost your license because of multiple drinking and driving offenses, you may have heard that Michigan driver’s license appeals are difficult to win. In this article, we will examine some of the reasons OHAO Michigan driver’s license appeals may be challenging, as well as what you can do to restore your driving privileges.
One of the primary reasons OHAO Michigan driver’s license appeals are difficult is that the hearing officer is looking for any reason to deny you a license. Since you have committed multiple drinking driving offenses, the hearing officer presumes you are a danger to yourself and others. We go into more detail about the presumption and how to overcome it in this article. Even though the administrative rules allow for an appeal, depending on the revocation period, you are revoked for life until you win the hearing.
The administrative rules state it is your burden to prove by “clear and convincing” evidence that any alcohol problem is under control and likely to remain that way. That is one of the primary reasons Michigan driver’s license appeals are difficult.
The good news is that you can win your Michigan driver’s license appeal at the first hearing. However, it requires diligent preparation.
Diligent preparation will help you win your license restoration hearing.
As mentioned, Michigan driver’s license appeals are difficult because the legal standards and requirements for license restoration are high. People appealing their revocation must prove they are sober and therefore eligible to have their license reinstated. This can be challenging if they do not have strong legal representation on their side.
Appealing a Michigan driver’s license suspension can be quite challenging, especially if you don’t have any legal experience. There is a lot of paperwork involved when filing an appeal. The forms required may be complex and confusing, which makes it hard to determine precisely what needs to go into them. The information in the paperwork must be consistent with other evidence. A lack of experience may lead to you overlooking this critical step.
To ensure that your appeal goes as smoothly as possible, it is essential to have a lawyer who has experience handling these types of cases and can work with you every step of the way. A lawyer will enable you to gather all required evidence, navigate through any red tape in appealing a license suspension, prepare you to testify, review your reference letters, and appear at the hearing with you.
A lack of understanding of what the hearing officer is looking for is another reason Michigan driver’s license appeals are difficult.
In order to increase your chances of successfully contesting the revocation, it is important to understand what you must prove to the hearing officer during your license appeal.
It is your burden to prove that any alcohol problem is under control and will remain that way. You must convince the hearing officer that he or she is wrong about prejudging you. This is a critical key to winning the hearing. Attention to detail and thorough preparation will ensure your success in meeting the burden of proof.
The hearing officer knows the statistics. Essentially, the odds of maintaining sobriety are against you. You want to prove them wrong. Michigan law considers any person convicted of multiple drinking and driving offenses is a habitual offender. That is why you need to show absolute sobriety.
The hearing officer believes alcohol is a problem in your life that must be overcome. The hearing officer wants to make sure that if you are granted a license, you will not present a risk to yourself or others. According to the administrative rules, the only way to restore your driving privileges is to show clearly and convincingly that you will never drink again. Those are the rules. Again, Michigan driver’s license appeals are difficult.
Administrative rule 13 governs Michigan License Restoration hearings and explains the burden of proof used in appeal hearings. The following is a brief excerpt from Admin. Rule 13.
(1) With respect to an appeal hearing that involves a review of a determination of the department which results in a denial or revocation under section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act, all of the following provisions apply:
(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following: (i) That the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control. (ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk. (iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1) (d), (e), or (f) or (2) (c), (d), (e), or (f) of the act is a low or minimal risk. (iv) That the petitioner has the ability and motivation to drive safely and within the law. (v) Other showings that are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.
(b) Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary.
Michigan Admin. Rule 13
As you can see, the rules place the burden on you. The two highlighted sections show why Michigan driver’s license appeals are difficult. I want to you to focus on the most important parts of the statute. When statutes are written, each word is carefully considered. The key words in subsection (a) are “shall not” and “unless.” The law tells the hearing officer they cannot grant you a license unless you have met your burden of proof, that is, clearly and convincingly, any alcohol problem is under control and likely to remain that way.
Section (b) is essentially the same. The hearing officer cannot grant you a license unless you have 12 months of documented and uninterrupted sobriety. In order to win your Michigan driver’s license appeal, you must show you will not drink again. There are no exceptions to subsections (a) and (b).
As you can see, Michigan driver’s license appeals are difficult because the state has made it that way. License appeals are not supposed to be easy to win. So you should not attempt the process alone.
The burden of proof in a Michigan license restoration hearing.
There are different burdens of proof in the law. In criminal cases, for example, the prosecution must prove “beyond a reasonable doubt” that you committed a crime in a criminal case. This standard is the most demanding standard to overcome. Unlike a criminal case, in a Michigan driver’s license appeal, you must prove your case with “clear and convincing” evidence. As stated, the hearing officer starts with the presumption that you should not have a license. However, the hearing will grant you a license if you prove by “clear and convincing evidence” that you are sober. While the burden of proof is not as high as “beyond a reasonable doubt,” it is the next highest standard.
Since it is your burden to prove “clearly and convincingly” that you are sober, it is critically important that you thoroughly prepare all of your evidence, including your testimony. Before you or your attorney sends the materials to the Office of Hearings and Administrative Oversight, the paperwork must be checked and re-checked to ensure there are no errors. For example, your sobriety date must be consistent with the date mentioned in your substance abuse evaluation report and letters. Your reference letters and substance abuse evaluation must convey your commitment to sobriety. Your reference letters must explain how your life has changed for the better since you have abstained from alcohol. Since the hearing officer is looking to deny you, any inconsistency or flaw in your paperwork will cause you to lose.
If you testify you can control your drinking and minimize the consumption of alcohol – you will lose. Even if you believe that is unfair, those are the administrative rules. There is no way around the rules since you have to overcome the burden of proof at the hearing. Actual sobriety, is the only way to win. To answer the question posed in the article’s title, why are Michigan driver’s license appeals difficult is because the state wants it that way.
An experienced Michigan license restoration lawyer will help you overcome the difficulties.
Unfortunately, many people think they can successfully represent themselves at the hearing. The appeal process is not that easy. The administrative rules are complex. With little experience, a person would not know how to prepare the evidence or respond to a question or legal issue. A driver’s license restoration lawyer has the benefit of training and expertise. That expertise is used for your benefit.
Also, any error that resulted in a previous denial will be revisited at the next hearing. If you have an experienced attorney with you, they will make sure the record is so clear that you should win the first time. Your attorney will eliminate the errors.
An experienced attorney tilts the scales in your favor. An attorney will help prepare the evidence to clearly and convincingly show that you have worked hard to maintain sobriety. They will show that you are genuinely sober.
Even though the state has a rule that you “shall” be denied “unless….” and presumes that you have a problem with alcohol, you can still win. While it is hard to win a Michigan driver’s license appeal, you can tilt the odds in your favor by retaining an attorney who will ensure they prepare you and put in a position to win.
Contact Czarnecki & Taylor
One of the main reasons our law firm has such a high win rate, 95%, with Michigan driver’s license appeals, is that we have extensive experience handling these cases. Our team of legal experts understands the intricacies and complexities of the Michigan administrative rules, enabling us to successfully represent clients facing license hearings.
We also understand how important it is for people to regain their driving privileges, so we work tirelessly to help them protect their rights throughout every step of the process. We can help ensure that you have the best chance at restoring your license.
We know how to effectively represent clients at hearings before the Michigan Secretary of State and can provide you with expert legal advice on how to build a strong case for success. Our knowledgeable attorneys will work with you every step of the way as we guide you through the appeal process.
Czarnecki & Taylor is committed to providing clients with the personalized legal representation they deserve and will work tirelessly on your behalf to make sure you get the best results possible. We offer free consultations, so contact us today to learn more about how we can help you successfully navigate your driver’s license appeal in Michigan.
If you’re eligible to file for a license hearing, our team is here to help.
Czarnecki & Taylor’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.