By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 31, 2022
The key to winning a Michigan driver’s license appeal hearing is genuine sobriety.
To begin with, you need to show that you have maintained total abstinence from alcohol for at leat twelve months since the date of your last offense– any less will not show sufficient commitment to sobriety.
If you’re able to show genuine abstinence from alcohol, you can then focus on proving that you have significantly improved the problems that led to the revocation. For example, if you have multiple OWI convictions, prove that your drinking or drug use has been resolved, either through treatment programs, participation in a recovery program, or other means.
The Michigan Administrative Rules require absolute sobriety. Administrative Rule 13 states:
“(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.”
Michigan Administrative Rules
The rule adds additional requirements when it states the following:
“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.”
According to the administrative rules, absolute sobriety is the key to winning the hearing. While the regulations require you to prove your sobriety, your sobriety helps you overcome the challenge of winning the license hearing. For most people, winning a Michigan driver’s license appeal coincides with the restoration of their life. You cannot win the Michigan driver’s license appeal without documented sobriety. Why is a Michigan license appeal so difficult to win?
Secretary of State presumes you have a problem with alcohol or another substance
One of the main reasons people lose their driver’s licenses is because of a problem with alcohol. When you attend a license restoration hearing, the Secretary of State presumes that you have a problem with alcohol because you lost your license because of two or more OWI offenses.
However, this doesn’t mean that the SOS will automatically deny you a license. Instead, it simply means that you will need to provide evidence during your hearing that proves otherwise. You can do this in several ways, such as attending AA meetings or undergoing treatment for a substance abuse issue. Learn more about why the Secretary of State assumes you have a problem with alcohol. This article is vital to understanding the license restoration process.
Genuine, documented sobriety is the key to winning.
When you have achieved genuine sobriety, you have established the facts needed to meet Rule 13’s requirements. Your sobriety will clearly and convincingly show that you have been abstinent and will remain abstinent. For those suffering from alcohol addiction, sobriety is a positive life-changing event. Sobriety includes positive lifestyle changes.
A Michigan driver’s license appeal is very personal for the individual who has lost their license. In decades of Michigan license restoration appeals, we found that sobriety confers tremendous benefits to a person, aside from having their license restored. These benefits help you win the Michigan license appeal hearing.
Benefits of Sobriety
1. Healthier Lifestyle
Nearly all of my clients tell us they are healthier when they quit drinking. Some have started regular exercise programs. Abstinence from alcohol also helps prevent liver problems, kidney disease, and high blood pressure. When a person has a problem with alcohol, they rarely pay attention to their food. When sober, people make better choices about their diet. Overall, people engage in a healthier lifestyle when sober.
Abstinence has psychological benefits as well. People explain they do not feel like they are living in a “fog.” People can enjoy life when they do not have to depend on alcohol. With an alcohol problem in remission, people have a better outlook on life, as alcoholism can lead to depression. Addiction is also associated with anxiety. People who live a healthy and sober lifestyle feel better about themselves.
2. The “Fog” is Lifted
One regret that our clients frequently tell us is that they have lived life through an alcohol fog. For example, waking up with a hangover is a sign of alcohol poisoning. They do not feel well. A person may have a hard time remembering what happened the day before. They may regret the things they have said or done.
People also make poor choices while intoxicated. People feel powerless when alcohol impacts their decision-making abilities. When a person cannot make rational decisions because of the alcohol “fog,” they lose control of themself. That leads to a feeling of hopelessness and depression. It is widely known that alcohol is a depressant.
Alcohol’s influence on decision-making is of primary concern for the Secretary of State hearing officer. Specifically, the hearing officer is concerned that alcoholism leads to your bad choice to drink and drive. Since you have to appear at a Michigan driver’s license appeal, you have committed the offense more than once. The decision to drink and drive puts yourself and others at risk. People do not engage in behavior that jeopardizes themselves and others when they think clearly. Alcohol impedes a straightforward thought process. Many clients tell us they were very fortunate that they did not injure themselves or others.
3. Relationships Mended
When people are struggling with alcohol addiction, relationships suffer. Marriages and friendships dissolve. Many spouses gave their partner an ultimatum – the marriage or alcohol. Sometimes that ultimatum motivates people to become sober. People decide that alcohol is not as important as losing someone. People do not want to sacrifice a relationship for alcohol.
Relationships improve when you are sober because people do not have to deal with you through the haze of alcohol. Because alcohol can negatively impact relationships, the 12-step AA process incorporates making amends to those you had offended while drinking. The path to recovery is also the path to mending relationships.
4. Career Advancement/Opportunities
Alcohol addiction can impact your job because of poor performance. A person may be unemployed because of addiction. Sobriety helps you to be more efficient, effective, and productive. I have had clients achieve promotions or gain new employment after attaining sobriety. The thing I hear most often is that people feel motivated to succeed when sober. Achieving sobriety is a sign that a person can accomplish any goal if they truly desire it.
Commitment to Sobriety
As you can see and might have even experienced, a commitment to sobriety can positively impact your life and your ability to regain driving privileges. The work you have put in to achieve your sobriety becomes the key to winning a Michigan driver’s license appeal hearing. Your sobriety forms the basis of the evidence you need to win the Michigan driver’s license appeal. The two are closely related.
Restoration of a person’s driving privileges coincides with restoring their life. To get your license back, you must prove by “clear and convincing evidence” that your alcohol problem is under control and likely to remain that way. You’ll need to present evidence that you are sober at the hearing, including proof of how you have achieved your sobriety. If you achieved sobriety, all you need to do is tell that story through testimony and evidence. You have already done all the work. Do not worry about being convincing at the hearing. I have yet to represent a person who did not sound convincing after putting in the hard work to achieve sobriety.
Sobriety requires commitment. You must make lifestyle changes to achieve sobriety and remain that way. By this point, it should be clear that there is one key to winning your Michigan license appeal hearing – and that is your sobriety. If you have worked to gain your sobriety, you have created the evidence to prove that fact to the hearing officer. The “how” of what it took you to reach sobriety is what the hearing officer wants to hear during your testimony. Also, your paperwork will reflect your sobriety.
During your Michigan driver’s license appeal hearing, you must present proof of your sobriety to overcome the “clear and convincing” standard of evidence. Proof of sobriety includes your testimonial letters, counseling documentation, 10-panel drug screen, substance abuse evaluation report, and testimony.
Telling your story
When you have done the work to get sober, it becomes apparent when you testify. When your attorney correctly prepares you for the hearing officer’s questions, there will be no doubt that you are sober in the hearing officer’s mind.
If you worked hard to achieve sobriety, that point will be very clear. The key to winning a Michigan driver’s license appeal hearing is sobriety. Nearly all of my clients get emotional or passionate when they explain what it took to reach the point of sobriety. It is tough for a hearing officer to deny you a license when you tell your compelling story.
The real key to winning a Michigan Driver’s License Appeal hearing is sobriety.
Genuine sobriety is the true key to success. The hearing officer will not reinstate your license if you still intend on drinking, even infrequently. The hearing officer is already convinced that your drinking and driving convictions mean that you have a problem with alcohol. Since you have had multiple offenses, only your dedication to sobriety will enable you to win your Michigan driver’s license appeal.
When you work toward maintaining sobriety, you lay the foundation for the facts needed to win your Michigan driver’s license appeal hearing. Genuine sobriety is the key to winning a Michigan driver’s license appeal hearing. Everything will else will fall into place.
How an experienced Michigan driver’s license appeal attorney can help you.
At Czarnecki & Taylor , our job as Michigan license restoration lawyers is to present evidence of your sobriety clearly and persuasively to the hearing officer. To prepare for your hearing we:
- review your letters
- review the substance evaluation report
- review the drug screen for any errors
- prepare you to testify
- compile your records
- submit the request to the SOS
A small error in any of the above can be the end of your appeal. A paperwork defect could result in a denial order. Our office meticulously reviews your reference letters. Every piece of evidence is checked and then rechecked. When you are ready for the hearing, our office thoroughly prepares you to testify.
When SOS revokes your license, it will be revoked for life, until the SOS reinstates it after the Michigan driver’s license appeal. Only a well-prepared Michigan driver’s license appeal, or appeal to the circuit court, will result in a restored license. If you want to win at the first hearing, you need to hire an experienced attorney to assist you. You will save time and money in the long run if you do.
Our team takes a comprehensive approach by carefully reviewing all of your relevant court documents and gathering information regarding your substance abuse treatment program. We will then sit down with you and discuss everything that happened in order to better understand what led up to your revocation. This helps us determine whether there is a chance for success at the hearing before even filing a request for an appeal.
If there are some aspects of your case which may be helpful, we can gather additional evidence like medical records, letters from family members and employers, and character reference letters in order to help build a strong case that will convince the hearing officer to reinstate your license.
You cannot win a license hearing while on probation. To win your OHAO Michigan license restoration, hearing our team will try to help you get off of probation sooner. We can work with your probation officer to come up with an appropriate plan for early termination. To do this, we will typically need letters from your treatment provider showing that you successfully completed your program and did not have any incidents during the time of your probation. We will then take these documents along with the other information collected during our initial assessment of your case to build a compelling argument so we can appear before the judge to show why you should be eligible for early termination of probation.
If you struggled with addiction and reached sobriety and need help restoring your license, then look no further than our law office. Our team of attorneys will work tirelessly to help you win your OHAO Michigan license restoration hearing by explaining exactly how you went about achieving and maintaining your sobriety.
Through our years of experience working in this area of the law, we have developed a comprehensive understanding of what it takes to successfully recover from an alcohol addiction and how to present that story to the SOS hearing officer.
So if you’re looking for someone who can listen attentively and offer practical advice on how to improve your chances at winning your OHAO Michigan license restoration hearing, then please contact our law office today. We look forward to helping you get back on the road.
Contact Czarnecki & Taylor
With over 20 years of legal experience, our law office is well-equipped to help you win your OHAO Michigan license restoration hearing.
At CZARNECKI & TAYLOR, we have significant experience and knowledge in preparing the client for the Michigan driver’s license appeal. Do not go through the process alone. You have worked too hard. We often hear from clients who went to the hearing alone or with an inexperienced attorney and lost. When we review the denial order, we quickly show the client the mistakes or flaws. We offer the client information on how thorough preparation could have easily avoided these mistakes. If you have worked hard to achieve your sobriety and created the evidence needed to get your license back, you must hire an attorney to help you win the first time.
If you’ve had your license revoked, then you know the importance of getting your driver’s license back. But winning a license restoration hearing can be difficult if you’re not represented by an experienced attorney who knows how to navigate Michigan’s complex legal system and has the experience needed to help win your case.
At our law office, we understand what’s at stake in these cases, and we have successfully helped many clients find a positive outcome after going through similar situations. Our attorneys will work closely with you to explain all of your options for getting your license back, so that we can develop a plan for moving forward that puts you in the best position possible for winning your hearing. We’ll walk you through every step of the process, from preparing for the hearing itself to reviewing your case and presenting your best possible arguments in front of the hearing officer.
If you’re looking for an attorney who can help win your OHAO Michigan license restoration hearing, then contact our office today. We have the experience, skills, and knowledge necessary to give you the best chance of getting your driver’s license back. Let us help you get back on the road again.
After all the hard work you have put in to achieve and maintain your sobriety, we want to ensure that it gets rewarded by getting your license restored.
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.