If you are arrested for drunk driving in Michigan, your driver’s license privileges may be revoked. There are two types of administrative hearings for drunk driving matters: an implied consent hearing or a driver’s license restoration hearing.
Implied consent administrative hearings occur when a person allegedly refuses to consent to a chemical test. This is referred to as a violation of Michigan’s implied consent law. A request for hearing must be made within 14 days of the DUI arrest. If a driver fails to do so, his/her license will be suspended for one year.
If you have committed multiple drunk driving offenses within a seven-year period, you must request a hearing with the Secretary of State’s Driver Assessment and Appeal Division (DAAD) to restore your driving license privileges. You will have a right to request a hearing once you complete the minimum applicable revocation period. However, you do not have the right to have your driving privileges restored.
The burden of proof is on you, the moving party, to provide clear and convincing evidence as to why your driving privileges should be restored. You will have to provide sufficient evidence to demonstrate that you are at minimal risk of committing a subsequent drunk driving offense. This includes providing documents demonstrating that your substance abuse problem is under control and in the event you will again consume alcohol the risk is low for you to drive while under the influence. The preference of the Secretary of State’s office is that you will remain sober and not drink again.
Provide the hearing officer with your substance abuse evaluation report. You will have to remain sober up to one year after being discharged from the sentencing court’s jurisdiction. The evaluation should include a diagnosis and prognosis. It must specifically state that your substance abuse is in sustained remission and you are at a low risk of committing a subsequent drunk driving offense if your license is restored. In addition to the substance abuse evaluation report, you should provide testamentary evidence to the hearing officer. Such evidence can be letters from friends and family attesting to your sobriety. You may want to consider attending a structured substance abuse support group and get a sponsor. This can strengthen your credibility and burden of proof that you have a low likelihood of suffering a relapse.
Before attending the hearing, contact an attorney for legal representation or, at a minimum, advice and counseling. An attorney can review your case and find the weaknesses. I have been successful in helping my clients with driver license restoration hearings. If you prevail in your hearing, you may likely be ordered to install an ignition interlock device in your vehicle for up to one year. If you are required to install such a device, you will also have limited driving privileges with a restricted license. You must meet several strict requirements to request to have your driving privileges fully restored.
Contact my law office for legal representation. Call 734-929-9730 to speak with me directly.