Author Archives: Mark Langschied

Michigan revokes driver’s licenses for those convicted of two or more drinking and driving convictions. A person with a revoked license must wait out the revocation time imposed upon them before they are eligible to file for an appeal hearing in front of the Secretary of State.

Your evidence is usually submitted before the hearing. Examples of evidence typically submitted would be: request for administrative hearing, substance use disorders evaluation, 10 panel drug screen with two integrity variables, evidence of support including AA sign-in sheets, treatment records, letters from 3 to 6 people documenting sobriety and any additional information that you feel may be helpful.

You will receive a hearing notice in the mail with the date, time and location for your Michigan drivers license appeal hearing. The hearing is similar to a trial. At the hearing, you will be expected to testify. You may also have additional witnesses testify on your behalf.

What do you need to prove in order to win your Michigan drivers license appeal? You must clearly and convincingly prove the following four elements:

1. Your alcohol and/or substance abuse problem is controlled and will likely remain under control in the future.

2. You have a low risk of drunk driving and a low risk of drinking and/or drug use in the future.

3. That you have the ability and motivation to drive safely and within the law.

4. You must prove 6 – 12 months of sobriety. Most will have to prove a minimum of 12 months of sobriety before the hearing.

It is a must that you prove these things with clear and convincing evidence. If there’s any doubt in the hearing officer’s mind, you will lose. Therefore, it’s critical that all your evidence be properly prepared and that your testimony is convincing.

How can you improve your odds of winning your Michigan drivers license appeal?

I have several suggestions. First, if you are attending alcohol or substance abuse counseling, complete it. This helps show that you have gotten professional help with your problem and have a higher probability of remaining sober in the future. Secondly, attend Alcoholics Anonymous or another recognized support group. While AA is not for everyone, for many it truly helps. Consistent Alcoholics Anonymous attendance helps prove that your problem is likely to stay controlled in the future because you are a part of a support community. If you have a sponsor, that’s a definite plus. Third, letters of sobriety help prove that you are sober and are committed to staying that way into the future. These letters are extremely important to winning your Michigan drivers license appeal. Finally, I would suggest hiring an attorney who practices in the area of Michigan driver’s license appeals. A lawyer can help you put together a strategy to maximize your chances of winning, obtain and file the necessary paperwork and prepare you to testify at your hearing. At the hearing, your attorney can submit key evidence and argue your case to the hearing officer.

The substance abuse evaluation is one of the most important documents submitted in order to try to restore your driving privileges. It is critical to prove that your alcohol problem is under control and likely to remain so in the future.

You will make an appointment with a qualified psychologist or psychiatrist to have your substance abuse condition evaluated. It should be someone that regularly treats individuals with alcohol and drug use problems. The evaluator will fill out a form called a substance use disorders evaluation form. This form will be submitted to the Secretary of State for consideration at your driver’s license restoration hearing. Much of the information filled out on the substance use disorders evaluation form will be provided by you. Therefore, it is very important to be as accurate as possible with the substance abuse evaluator. This will enable the evaluator to accurately fill out the form.

You will have to provide information about your conviction history, including all alcohol and drug-related offenses. This provides some information to the evaluator about the extent of your problem.

You will be asked to provide information about your treatment history. This is important information because it tells the substance abuse evaluator whether you have had an opportunity to treat your condition and whether the treatment was successful.

The substance abuse evaluator will also get information about your lifetime support group history. This is usually information about your attendance at Alcoholics Anonymous. The evaluator will want to know what period of time you’ve attended AA, the frequency and whether or not you have a sponsor. This information lets the evaluator know whether you have a support system in place so that you are less likely to relapse in the future.

The evaluator will obtain information regarding any relapses. The length of time you have been abstinent and any previous relapses are important to your diagnosis.

The evaluator will also have you take written tests, which will help the evaluator determine an appropriate diagnosis. A 10-panel drug screen will also be administered. A negative drug screen helps confirm you are abstinent.

Once the evaluator has all the information, the evaluator will provide a diagnosis, prognosis and whether or not anything further is required, such as professional treatment, education and continued AA.

Because the evaluator is a professional in the area of abuse, the evaluator’s conclusions are important in determining whether your Michigan license reinstatement case is successful.

Most charged with drunk driving in Michigan will find themselves facing one of three offenses: Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI) and Super Drunk Driving.

Operating While Intoxicated

Operating While Intoxicated boils down to two main components: driving under the influence of alcohol to the point that one’s ability to drive is substantially affected or driving with an alcohol level of .08 or higher. This means the prosecution can prove its case if they can show either that alcohol substantially affected the ability to drive or that the alcohol level was a .08 or more at the time of operation.

Operating While Visibly Impaired

Operating While Visibly Impaired is different from Operating While Impaired in two key aspects. A particular alcohol level is not a part of the offense. Whereas with Operating While Intoxicated, .08 is the threshold alcohol level – no such level is a part of OWVI. To be convicted of Operating While Visibly Impaired, the prosecutor must prove that the defendant drove with less ability than would an ordinary careful driver. This is a lesser showing than what is required for Operating While Impaired. For OWI, the prosecution must prove that the defendant’s driving was substantially affected by the alcohol.

Super Drunk Driving

Super drunk driving is another common drunk driving charge. Drivers that test with a .17 or higher blood alcohol concentration may be charged as a Super Drunk Driver.

Penalty Differences

Both OWI and OWVI carry potential jail sentences along with driver’s license sanctions. The potential jail term for both offenses is 93 days. For OWI, the driving sanction is a 180 days suspension. For the first 30 days, no driving is allowed. For the remaining 150 days, a restricted license is available. For Operating While Visibly Intoxicated, the driving sanction is a 90 day suspension with a restricted license available.

Super Drunk Driving carries increased penalties: a longer potential jail term (180 days), increased fines/costs and a stiffer driver’s license penalty. One year of alcohol rehabilitation is required. The driving sanction is a one year suspension. After 45 days of suspension, one may secure a restricted license if a breath alcohol interlock device is installed in the car.

Additional Possible Penalties

A conviction for any drunk driving offense carries the possibility of the following:

• Probation
• Jail
• Fines/costs
• Community Service
• Attend alcohol treatment/programs
• Restrictions, suspension or revocation of license
• Points
• Plate confiscation
• Vehicle immobilization
• Vehicle forfeiture

Summary

There are significant differences among drunk driving charges. There are also significant potential penalty differences. These differences will impact how each case is defended and handled. A Michigan OWI lawyer can discuss your unique case and the best options for you.