Recently, the media has raised a big issue with the Detroit Fire Department Police Chief whose license had been revoked since 2010 for multiple drinking and driving charges. A lot of questions have been raised as to why he didn’t have a license and how he could re-obtain it.
The state of Michigan revokes your license for two or more drinking and driving offenses within a seven-year period you (a 5 year revocation for 3 in a 10-year period). The process to get it back involves the Secretary of State Driver Assessment Appeal Division (DAAD). The process can be complicated, and most people are rejected without an experienced lawyer.
Restoring a Revoked License For Drinking and Driving
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As mentioned above, two or more DUI’s within seven years will result in being labeled at a habitual offender under Administrative Rule 257.313, and as such will result in a mandatory minimum of a one year driving revocation. Reinstatement is NOT automatic.
In order for a person to get their license back, the person making the request has the burden of proof by clear and convincing evidence that they have maintained a certain minimum period of abstinence from all alcoholic or low-alcoholic beverages and/or illegal drugs, and must demonstrate that their substance abuse or dependence issues are under control.
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Ultimately, the person trying to obtain a license must prove that they have not drunk or used drugs for AT LEAST a year and will not ever drink or use drugs EVER AGAIN.
Winning a DAAD Hearing
In order to meet the burden of proof you need support letters, a positive substance abuse evaluation, and clean 10-panel drug screen. There is an 8-page affidavit that must be completed as well. Additional, but not required, evidence would include proof of AA attendance or some other support group.
Once all the documents are properly submitted to the Secretary of State you will be given a hearing date. The hearing will be held at a Secretary of State branch office in the Driver Assessment and Appeal Division. You will be sworn in and testimony will be taken.
Having a lawyer assist you in preparing the paper work as well as the hearing makes all the difference. The major benefit to having a lawyer is that they can go with you to the hearing and help you present your testimony.
On average, our office handles multiple driver license cases each month year after year. We have only lost once – ever!
Click here for more information on Michigan driver license restoration.
