Facing a drunk-driving conviction in the state of Michigan is no laughing matter. In addition to facing criminal charges, defendants may have to undergo administrative proceedings with the state’s Administrative Hearings Section. Not only will you have to pay penalties, but strict procedures must be followed to determine whether your license will be restricted, suspended, revoked or denied. Having the right information and legal advice may save you from facing a long-term suspension or revocation.
Multiple drunk-driving offenses have serious consequences, including a license revocation of one or more years if arrests were made within a certain timeframe. Two convictions within a seven-year period will result in a minimum one year revocation/denial of your driver license. Three convictions within ten years will result in a minimum 1 to 5 year revocation/denial of your driver license. The only way to restore your license after the revocation/denial is through a rigorous appeal process with Michigan’s Department of State Administrative Hearings Section.
A petitioner seeking license restoration must provide “clear and convincing evidence” that they are no longer a risk on the road. The burden is very high. Petitioners cannot request a DAAD license restoration hearing until after the revocation/denial period has expired. The appeal application will request a series of documentation, including: a recent substance abuse evaluation from a licensed therapist, three to six notarized letters of support from people in the community who can vouch for your continued sobriety, evidence of substance abuse treatment and/or 12 step meetings, and a final ignition interlock reading where applicable. More documentation or evidence could be requested by the hearing officer and any discrepancies or missing information could result in a denial of license and extension of the revocation/denial period.
License restoration cases are civil or administrative, not criminal, and many hearing officers approach each case with the assumption that you are not maintaining sobriety and remain a danger to society. Unfortunately, that means the petitioner must do everything in his/her power to improve the chances of regaining his/her ability to legally drive. With the help of an experienced license restoration/DUI/DWI lawyer, you can ensure much more favorable odds for your case. An experience legal professional can review your documentation to help you obtain complete the restoration of your driving privileges.