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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.

It’s critical to contest every traffic ticket you receive. Many people think that it’s not important to fight a speeding or traffic ticket. They pay the fine, rip up the ticket and forget about it. However, there are a few serious problems with just paying your ticket and then forgetting the issue.

For most traffic offenses, the court will send the Secretary of State a record of your traffic conviction and this will be recorded on your driving record. Also, most traffic offenses carry points which will also be put on your driving record. For example, if you paid a fine for a “five over” speeding ticket, your driving record would show that you sped “five over” and have two points. The Secretary of State keeps a tally of all of your points. Accumulating too many points can result in a suspension of your driving privileges.

There are also your car insurance rates to consider. Your driving record is public information. Your insurance company may review your driving record to determine the insurance rate to charge you. Traffic tickets recorded on your driving record can result in big insurance rate hikes. Successfully contesting the ticket may be smart for your finances, since insurance rate hikes may last for years.

Finally, one has to consider the future. One of the main goals in contesting a ticket and going to court is to get your ticket reduced to an offense that does not result in points and does not go on your driving record. Prosecutors are much more likely to offer a reduced charge if your driving record is clean.

Contesting each and every traffic or speeding ticket, including the first one, can go a long way toward maintaining a clean record and keeping your insurance rates as low as possible.

How an Attorney Can Help

An attorney who handles traffic law may be able to negotiate a favorable plea which avoids or lowers points and is not reported to the Secretary of State. If a favorable plea is not possible due to the circumstances, then a formal hearing can be held which is similar to a trial. At the hearing, the attorney will ask questions to establish your case, cross-examine the police officer and argue on your behalf. Then, the Judge will determine whether or not you are responsible for the traffic ticket.

Here are three easy things you can do to shift the odds in your favor when fighting a Michigan traffic ticket.

1. Courtesy to the Police Officer
   Your average traffic officer deals with many people in his or her typical eight-hour shift. One officer told me that with computer-generated ticket writing, she was able to write a ticket every 10 minutes. Most people receiving a ticket are angry, sad or upset. That’s where some make a mistake. They make a mistake when they quarrel or, worse yet, are impolite to the officer.

   The key, however, is to remain calm and not offend the officer. I would recommend that you treat the officer politely and respectfully. You may tell the officer your version of events but it should be done in a calm, respectful manner.

   Why? Getting the police officer’s cooperation is often vital to getting a successful outcome for your traffic ticket. If you are impolite, the officer may write this on the copy of the ticket forwarded to the prosecutor. If the prosecutor sees this on the ticket, or if the police officer tells the prosecutor that you were rude, the prosecutor will often not offer you a reduction. For example, the prosecutor will refuse to offer you a reduction to a zero-point infraction.

2. Fight Every Ticket
   The Secretary of State keeps a database of everyone’s driving record. If you receive a traffic ticket conviction in a court, the court will, in most cases, send a record of your conviction to the Secretary of State so they can put it to your driving record. Since your insurance company can look at the Secretary of State records, this can cause costly insurance rate increases.

   In my opinion, it’s important to fight every ticket. This is the only way you can possibly attempt to keep your driving record pristine. Why? It’s important to recognize that prosecutors have a copy of your driving record at the time you go to court. If you have ticket convictions on your driving record then the prosecutor will be less likely to offer you a reduced ticket. It’s similar to individuals with criminal records. If it’s your 1st offense, you can often plea to a reduced charge. If you have prior offenses, it is harder to obtain a reduction.

3. Hire an Attorney that Regularly Handles Traffic Tickets
   The saying “been there, done that” certainly applies in this case. A traffic ticket attorney can be very helpful. A lawyer can try to negotiate a favorable plea reduction or, if necessary, argue your case to the judge.

There are several steps you can take to raise your odds of success at a driver’s license restoration hearing.

Hire an attorney who practices in the area of Michigan drivers license reinstatement. Before the hearing, an attorney can help you:

• strategize
• obtain evidence
• file the necessary paperwork
• prepare you to testify.

At the hearing, a lawyer can:

• elicit testimony from you
• question any witnesses
• submit key evidence
• argue your case to restore your drivers license.

What Do You Need To Prove?

To restore your Michigan drivers license, you must convincingly prove 4 things:

1. That your alcohol and/or substance abuse problem is controlled and will likely remain under control in the future.
2. That you have a low risk of drunk driving and a low risk of past abusive behavior.
3. That you have the ability and motivation to drive safely and within the law.
4. You must prove 6 – 12 months of sobriety. In my experience, most will have to prove twelve months of continued sobriety before the hearing.

Basically, you must show that you have put your alcohol/substance abuse problem behind you and that you are a good candidate for safe driving. You must prove these elements with clear and convincing evidence.

Here Is What You Can Do To Improve Your Odds of Success

Finish your alcohol treatment or counseling. If you were required to attend alcohol/drug abuse treatment or counseling, finish the program. At your hearing to restore your driver’s license, your attorney can present these records as proof that you addressed the problem and that you are committed to overcoming it.

Attend Alcoholics Anonymous (AA) or another structured support group. AA truly helps many. Attending AA demonstrates your continued commitment to getting over your alcohol/substance abuse problem. It shows that you take it seriously. Make sure you know the serenity prayer and twelve steps. How much should you attend? The best advice is the more the better. The greater the frequency and length of AA attendance the better. If possible, get an AA sponsor. Your AA sponsor can be very helpful in documenting your attendance and commitment. It can be very helpful if your AA sponsor testifies or submits a letter of support.

Letters of sobriety. Sobriety letters help you prove that you have been sober and are committed to remaining that way. Well before your hearing, lay the groundwork for getting a cross-section of family, friends and co-workers to write supporting letters. These letters are crucial to your success at your hearing to restore your driver license.

The differences between restrictions, suspensions and revocations are important to understand.

A restricted driver’s license limits driving privileges. A suspension is a temporary loss of a driver’s license for a set time period. A permanent loss of driving privileges is a revocation.

The Secretary of State can restrict, suspend or revoke driver’s licenses for multiple reasons. Common grounds include:

• Multiple DUI convictions (also known as a habitual offender). Your driver’s license is revoked for 1 year after 2 DUI convictions within 7 years. Licenses are revoked for five years after three DUI convictions. A person who has a revoked license because of multiple DUI convictions must wait until the revocation period ends before requesting a hearing to restore his license.
• Refusal to take a chemical test after an arrest for DUI (also referred to as implied consent). This results in a 1 year suspension for the first refusal and a two year suspension for a second refusal within 7 years. You can only appeal first refusals to circuit court on a hardship basis in Michigan.

Other common reasons for driver’s license restrictions, suspensions and revocations are:

1. Too many points as a result of multiple traffic tickets.
2. Probationary driver violations. This may happen when a probationary driver incurs either traffic accidents or traffic tickets.
3. Restricted license violations. This occurs when a person drives outside of their restrictions. For example, if someone is restricted to driving only to and from work and the person is caught driving somewhere else, this would constitute a violation.
4. Mental/physical disability because a person is unable to drive safely.
5. Out-of-state convictions for drunk driving and the like.
6. Operating a vehicle with a suspended/revoked license.
7. Too many auto accidents.

Significantly, suspensions and revocations are treated differently when it comes to hardship appeals in the circuit court. The hardship appeal allows the petitioner to request a restricted license so that, for example, he or she may drive to and from a place of employment. Suspensions can be appealed on hardship grounds to the circuit court.

Revocations cannot be appealed to the circuit court on a hardship basis. Instead, one must wait for the revocation time period to end and appeal to the Driver’s Assessment and Appeal division of the Secretary of State for a hearing.

There are important distinctions between revocations and suspensions. Get the assistance of a driver’s license restoration attorney in determining your best course of action.

If you’ve lost your driver’s license because of several drunk driving convictions, what do you have to prove to get your driver’s license reinstated?

The key to restoration of your driving privileges is a clear and convincing demonstration of your sobriety and your commitment to remain sober. One effective way to demonstrate your sincerity is to participate in a program such as Alcoholics Anonymous.. Alcoholics Anonymous attendance can establish your commitment with this highly regarded program in your efforts to maintain your sobriety.

Next, you must convince the hearing officer that the chance of you falling back into a substance abuse mode is minimal. A favorable substance abuse evaluation is very helpful. For example, a substance abuse evaluator’s opinion that your chance of continued sobriety is “good” would help prove that you have a low probability of getting drunk again.

Third, you must demonstate your commitment to drive safely and within the law. All of the things mentioned before are relevant here. In addition, your testimony as to why you need to drive is important. For example, perhaps you need a driver’s license to get a better job.

Finally, you must prove that you have been sober for 6 to 12 months before your hearing. You will testify how many months you have been sober. Supporting letters from witnesses may also verify this. Alcoholics Anonymous attendance can bolster your testimony.

How convincing do you have to be to prove your case? The formal standard is that your case must be clearly convincing. In short, your case has to be very strong. Please note that every individual’s case is unique. Each person will have to overcome the same legal hurdles to prevail. But the evidence each person uses to overcome those legal hurdles will be different and varied.

Let’s assume that you have a revoked driver’s license because you have multiple drunk driving convictions. You have decided to try to reinstate your driver’s license. What evidence can be submitted at your license reinstatement hearing?

You should understand that your hearing is very similar to a trial. Basically, a hearing officer acts as the judge. The hearing officer will listen to your testimony, reviews your evidence and ultimately makes the decision as to whether or not you will be given another chance to drive.

Your situation may be very different from someone else’s. The evidence that you submit should be tailored to specifically support your case for restoration. Now, let’s cover some common examples of evidence that may be submitted in support of your driver’s license reinstatement case.

If you attended an alcohol or substance abuse treatment program and you successfully completed it, you will want to submit this information to the hearing officer. This shows that you received professional help and treatment for your alcohol problem. Don’t forget that it is critical to convince the hearing officer that you have your alcohol problem under control and it will stay under control. Treatment records help prove this.

If you have attended Alcoholics Anonymous, you will definitely want to submit these records. For example, let’s assume you attended AA once or twice a week for a year and a half. You will want to submit all of your AA sign-in sheets. These records will be very helpful in documenting your commitment to staying sober. Depending upon your situation, you will have to demonstrate 6 to 12 months of sobriety prior to the hearing.

You will also want to obtain letters from a cross section of people such as family, friends, and coworkers (if possible). A letter from an AA sponsor can be very useful in your hearing. These letters are important in convincing the hearing officer that you’ve changed your ways, are now sober and are unlikely to repeat the act of drinking and driving in the future. If you’ve made significant changes to your life after you’ve become sober, the letter writers can also point this out.

Another important piece of evidence is the substance abuse evaluation. You will want to obtain this from a qualified substance abuse evaluator. This is very important because your evaluator will render a diagnosis as to your condition. The evaluator will provide his/her opinion as to the probability of you remaining sober for the long haul.

You’re entitled to one hearing per year to restore your driving privileges. Thus, it is important to submit all evidence which supports your case.