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.
What is a Michigan implied consent suspension?
If you refuse an officer’s request to take a chemical test you will receive a Michigan implied consent suspension. Most people do not realize that when they apply and receive a Michigan driver’s license, they implicitly agree to take an alcohol test when requested by a police officer after an arrest for a drinking and driving offense.
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.
We at Czarnecki & Taylor handle many Driving While License Suspended (DWLS) cases. It seems a large part of the cases moving through the court system are for DWLS. I believe that the system tends to keep people in a vicious circle of costs. For example, a person gets a ticket, forgets to pay it, does not hire a lawyer to resolve the matter, or does not have the money to pay it. As a result, his or her license gets suspended. Eventually because the person needs to drive, he or she gets stopped and cited for DWLS. It never fails to happen. The cycle then continues. We want to break that cycle and relieve the stress of driving without a valid license. No one wants to drive while looking over his or her shoulder constantly.
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: