If you have lost your license because of multiple drinking and driving offenses, you may have heard that it is difficult to win your MI driver’s license appeal. This article will explain why.
Author – James E. Czarnecki
In a Michigan Driver’s License Appeal there is one key that is the most important path to winning the license restoration hearing – your sobriety.
The Administrative Rules require absolute sobriety. Please take note of the requirements of Administrative Rule 13:
“(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.”
“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.”
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.