There are many steps to drivers license restoration in Michigan.
This is the first of a 4-part series on the subject.
If you have lost your drivers license, there are 2 main classes of revocation:
1- A 1-year mandatory minimum revocation for 2 DUI’s within 7 years
2- A 5-year mandatory minimum revocation for 3 or more DUI’s within 10 years
A DUI can include drunk driving, or drug-influenced driving. Both carry the same penalties.
Even though the law says that there is a one or five-year minimum for your revoked license, it doesn’t mean that it is automatically reinstated after this time period. It stays revoked until you make an appeal to the State of Michigan.
Driver’s License Appeals
To start the processes of getting your license reinstated, you must file an appeal with the Michigan Secretary of State’s Driver Assessment and Appeal Division (DAAD). The appeal will ultimately be heard by one of DAAD’s Hearing Officers.
To have your license restored, you must prove by Clear and Convincing Evidence that:
- Your alcohol or substance abuse problem is under control
- The likelihood of repeating the past abusive behavior is low
- The risk of repeating the act of operating a motor vehicle while impaired, or repeating any other offense is low or minimal risk
- You have the ability and motivation to drive safely and within the law
This may sound like an easy task, but it is not!
Length of Time Before You Can Appeal
The drivers license appeals process can begin after the minimum number of years has passed, PLUS at least six months of voluntary sobriety.
Even if you remained sober for the entire length of the sentence, this is not considered voluntary by the State. Anytime there is a legal consequence for a violation of the law, the sentence is not considered voluntary.
Depending on how long your license was revoked, the minimum number of months after the revocation period is 6 months before you can appeal to the DAAD.
However, the number of times a hearing officer will approve an appeal after only six months of sobriety is next to zero.
It is the advice of Lakeshore Law and Mediation Center to begin the appeals process only after you have:
- Made the commitment to be sober
- Have been voluntarily for one full year
- Have been attending Alcoholics Anonymous or other treatment.
Contact Lakeshore Law and Mediation Center for Expert Legal help to get your license restored. We will guide you through the process and vastly improve your chances of getting back on the road.
Call us at 616.844.4091 or email us below for expert help!
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