Reference Letters – Michigan Driver’s License Appeal Lawyer

Testimonial reference letters for Michigan driver's license appeal hearing
Testimonial reference letters documenting your sobriety are critical to success at a Michigan driver’s license appeal hearing.

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.

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Clear and Convincing – Standard of proof at a Michigan license restoration hearing

clear and convincing standard and license restoration
You must overcome the “clear and convincing” standard in order to win your Michigan license back.

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.

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MICHIGAN DRIVER’S LICENSE RESTORATION LAWYER – MEDICATIONS AND POSITIVE TEST FOR ALCOHOL WITH IGNITION INTERLOCK

Cold medications and testing for alcoholAs 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.

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License Restoration in Michigan and Prescription Drug Use

Michigan Driver's License RestorationIn 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:

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