By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 3,2022
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.
Who will have to appear before a OHAO Michigan Michigan Driver’s License Appeal?
A person classified by the Secretary of State as a habitual drunk driver or convicted of a felony involving a motor vehicle will face license revocation. Michigan driver’s license revocations are imposed for the following convictions:
- 2 or more offenses for operating under the influence (drugs or alcohol) within 7 years.
- 3 or more offenses for operating under the influence (drugs or alcohol) within 10 years.
- A conviction for operating under the influence causing a serious personal injury.
- A conviction for operating under the influence causing death.
- A felony conviction which results in license revocation.
OHAO Michigan driver’s license appeal overview
If your Michigan driver’s license is suspended or revoked, you may be eligible to have it reinstated through the state’s Driver’s License Appeal process.
To be eligible for a hearing, you must first submit a set of evidentiary documents that establish your sobriety. After the required documents have been submitted and accepted by the OHAO, you will be scheduled for a hearing.
Michigan license restoration is a multi-step process that can be challenging to navigate. But with the help of a qualified driver’s license attorney, it is possible to get your license back.
At the hearing, you will need to present evidence and testimony demonstrating why your license should be reinstated. This may include testimony from witnesses and any other relevant documentation.
Once your appeal is filed, you must appear at a hearing before the Michigan Driver’s License Appeal office. At this hearing, you will need to present evidence that you have met the requirements for license reinstatement. These requirements include completing a substance abuse evaluation and treatment program and demonstrating proof of sobriety.
The OHAO will issue a written decision on your case after considering the evidence. If they determine that your license should be reinstated, they will give you a restricted license with an interlock device. This license may have conditions such as a curfew.
If you are successful in having your Michigan driver’s license reinstated, it is important to remember that it is a privilege, not a right. If you violate the terms of your restricted license or commit any traffic offenses, your license may be suspended or revoked again after a violation hearing. Learn about a Michigan interlock violation.
If you want to have your Michigan driver’s license reinstated, our office suggests that you must work with an experienced attorney who can help you navigate the process and present the strongest possible case for why your license should be reinstated.
Follow the link for an informative article on License Revocations and Appeals to the OHAO – Michigan Secretary of State.
Your evidence must be precise. There is no room for error or inconsistencies.
You must submit a long list of evidence before the SOS will schedule your OHAO Michigan driver’s license appeal hearing. The evidence must be precise or you will lose. The required evidence consists of the following:
- Request for hearing package: this includes form 258, substance abuse evaluation; form 257, petitioner affidavit.
- Drug Screen: 12 panel drug test with at least two integrity variables.
- Six letters of reference attesting to your sobriety – read more on what a good reference letter must say
- DI4P: Physician’s Statement of Examination if a medical situation has caused problems while driving such as seizures or blackouts
- Evidence of counseling including attendance at support groups, counseling, AA/NA.
- Any other pieces of sobriety evidence
How to put yourself in the best position to win.
Hiring an attorney that knows the OHAO Michigan driver’s license appeal process should be your number one priority if you want to get your license back. The license restoration process is very particular and specialized. The Michigan license restoration process can be complex and time-consuming, but with the help of a qualified driver’s license attorney, it is possible to get your license back. You should contact a Michigan driver’s license attorney to discuss your options.
If you’ve lost your license, it can be difficult to get it back. The process is complex and confusing, and the stakes are high. Learn about Michigan interlock violations. That’s why it’s essential to hire a Michigan driver’s license attorney who can guide you through the process and help you get your life back on track. Read about the key to winning your license appeal.
Just because you have not had a license in several years does not mean you will win the hearing or even be in a better position to win. You must present competent and precise evidence to have the best chance of winning your hearing. There is a key to winning. Based on our experience, certain hearing officers require that your evidence be perfect. Unfortunately, the standards regarding the quality of the evidence are not always applied fairly by the hearing officers. That is why an attorney who knows what to look for and how to prepare your evidence is the key to success.
You will lose your hearing if your evidence does not prove by clear and convincing evidence that you are likely to remain sober and are at a low risk of repeating the offense. (Read more on how to win). With evidence and testimony, you must be able to communicate that you understand your duty to protect the public while driving and that it is never acceptable to operate a vehicle under the influence of alcohol or drugs.
There are a few different ways that a Michigan driver’s license attorney can help you. First, they can help you navigate the process of getting your license reinstated. This can be a complicated process, and an attorney can make it much easier for you.
Second, an attorney can help you build a strong case for why you should have your license reinstated. They will gather evidence and present it to make it clear that you are a safe and responsible driver.
Third, an attorney will prepare you to testify. An experienced attorney will review your testimony and help you anticipate the hearing officer’s questions during the hearing. Unlike most attorneys, we conduct a mini-hearing that prepares you to testify before the hearing officer. This type of preparation gets you ready for any of the questions that the hearing officer will ask. When you know what to expect, you aren’t so nervous.
Fourth, an attorney can find errors you will not be looking for when you gather your evidence. An experienced OHAO Michigan driver’s license appeal lawyer will significantly increase your chances of winning by preparing your evidence correctly. The following are examples of just a few errors that will result in a loss at the OHAO hearing:
- Inconsistent sobriety dates for alcohol and drugs on your letters and substance abuse evaluation – each piece of evidence must have the same date
- Failure to mention all prior criminal offenses especially those involving alcohol or controlled substances including prescriptions
- Failure to document at least 12 months of uninterrupted period of sobriety.
- Failure to obtain a physician’s statement of examination describing the medications you take (if any) and that the use of the medications does not affect your ability to operate a motor vehicle
- Substance abuse evaluation is not detailed or incomplete; does not discuss all substances used
While it is your responsibility to appear before the OHAO and show that you are worthy of driving again, most people find they have no idea how best to present their case. Without guidance from an experienced attorney during these proceedings, you could lose immediately based solely on lackadaisical preparation.
Often we represent clients who have already attempted a hearing without an attorney. Even though they have winning cases, they lost because they did not know how to present their case to the OHAO hearing officer persuasively. Individuals who appear before the OHAO must be able to testify to their past substance use and what steps they have taken to become sober and remain that way. Most people who go alone are unaware that the hearing officer will ask probing questions about their past substance abuse history. Most importantly, many people do not realize there is a correct way to approach these hearings and answer the questions.
At Czarnecki & Taylor, after more than two decades of experience, we developed a unique approach to representing clients. We start by giving them the strengths and weaknesses of their case. If you don’t receive an honest assessment, it will likely cost you more if you have to attend multiple hearings.
Unlike other attorneys in Michigan who only appear before OHAO officers once per year, we know how to win and what they expect because we have appeared before each OHAO officer in the State of Michigan. Learn why a license hearing is difficult to win.
Win Your OHAO Michigan Michigan Driver’s License Appeal
At Czarnecki & Taylor, we always take the time to learn each client’s unique factual history and work on tailoring each case to that individual’s circumstances.
We are dedicated to each client’s case and fight aggressively to get them back on the road. We have a time-tested and proven formula that gets winning results.
Contact Czarnecki & Taylor so we can work with you to put your case in the best position to win. As stated earlier, we will even help prepare your testimony by conducting a mini-hearing to prepare you for the real thing. Many lawyers do not take this step. Our experience handling OHAO Michigan driver’s license appeals spans over two decades which is why we are a top-rated license appeal law firm.
Do you have a license restoration issue? We can 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.
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