If you lost your Michigan driver’s license appeal at the Secretary of State hearing office, you may be able to appeal your driver’s license denial to the circuit court. Many times people choose to represent themselves at the hearing and make mistakes that could have been easily avoided. Moreover, your license denial may be the result of hiring a lawyer that does not specialize in license appeals. This article explains how to appeal your driver’s license denial to circuit court.
If you are applying for a Michigan Driver’s License Restoration hearing, one of the many pieces of evidence required include reference letters. This article will explain the proper content of the letters and how our office reviews those letters before submitting them to the Administrative Hearings office.
The clear and convincing standard is the burden of proof that you must overcome in order to win your license restoration hearing. Your testimony and documentary evidence must establish by clear and convincing evidence that any alcohol problem is under control and likely to remain that way.
Testimony preparation is the final key to success at the license restoration hearing. Once the required information has been sent to the Secretary of State to request a license restoration hearing, it will all come down to your testimony. Your testimony should “seal the deal” to get your license back.
The purpose of this article is to dispel some of the most frequent Michigan driver’s license restoration myths and misconceptions that I have heard over the many years of representing clients through the license restoration process. Unfortunately, a lot of misinformation gets spread around either by word of mouth or the internet. So, let us explain what is myth and reality.
This article describes the steps you should take in the Michigan license restoration process. In Michigan, if you are convicted of two drinking and driving offenses within 7 seven years, or 3 within 10 years, your license will be revoked. If you have a “2 within 7” you lose your license for a year. A “3 within 10” results in a 5 year revocation. You will have to appeal to the Driver’s Assessment and Appeal Division (DAAD) to get your license back.
Losing your license is a burden. You cannot drive anywhere you want to go, at least not legally. If you are caught driving while your license is revoked you will have to wait for the original revocation time to end and then serve a “like kind” revocation of 1 or 5 years. Also, your loss of driving privileges is not only a burden on you but on family and friends as well. They have to become your taxi. Life gets seriously complicated without a license.
As an experienced Michigan Driver’s license restoration attorney I can state with certainty that medications can cause a positive test for alcohol with an ignition interlock device. One of the most used excuses is the Nyquil defense. Yes, Nyquil can cause a positive test for alcohol. The Nyquil defense rarely works. It does not hold up to scrutiny.
The following is a very basic explanation as to why the Nyquil defense does not work. A person’s BAC (blood alcohol content) reduces about 0.02 an hour once a person has stopped drinking. Nyquil contains 10% (perhaps up to 25% in some reports) alcohol. Even if you drank a whole bottle of Nyquil, your BAC would barely get to 0.02, especially the next morning. However, it could if you drank several bottles of the medication. If you admitted that you did drink several bottles of Nyquil, the hearing officer would believe that you were abusing the substance. After all, if you have an interlock device in your car, it is because you have lost your license due to drinking and driving offenses.
In any event, considering that the body eliminates alcohol at a rate of .02 per hour, you would not test .02 in the morning several hours later, let alone test any higher than .02, that is, unless you drank many bottles. Your body would eliminate the Nyquil by the time you would have to test. As a Michigan driver’s license restoration lawyer, you should trust me when I say that the courts and Secretary of State hearing officers do not accept the defense based upon the body’s elimination rate of alcohol.
I do agree that you could get a high alcohol reading if you just consumed Nyquil and immediately tested with the interlock device. But, why put yourself on the defensive having to prove that you did not drink liquor. Since, Nyquil does contain a high amount of alcohol you should not use Nyquil when you are alcohol testing. It is much better to avoid the problem altogether. There are alternatives on the market that do not contain alcohol.
In order to restore your Michigan driver’s license at an administrative hearing, you must prove to the hearing officer that your alcohol problem is under control and likely to remain under control. This requirement is specifically stated in Administrative Rule 13: