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.”
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.
In the State of Michigan, the courts and the Secretary of State can require that you operate your motor vehicle only after an ignition interlock device has been installed. The following cases typically require installation of the ignition interlock:
OWI with a BAC > .17 (Super Drunk): In Michigan, people who are convicted of a drinking and driving offense with a BAC of .17% or greater are charged as “Super Drunk” The license restrictions are as follows: Suspended license for 45 days and 320 days of driving with a restricted license. You will be required to have a breath alcohol ignition interlock device (BAIID) installed during the restricted driving period.