Any experienced Michigan license lawyer will tell you that while AA attendance is not always necessary, AA attendance can increase your chances of regaining your license. Why? AA support means it’s less likely you will start drinking again. A Michigan license attorney will tell you this is the main concern hearing officers have. If the hearing officer is convinced that you will not start drinking again, you should win your case.

When considering Michigan driver license restoration attorneys, I would urge you to find one that has a significant amount of experience. Michigan drivers license restoration attorneys that have handled a variety of license cases are preferred. For appeals, Michigan drivers license appeal attorneys are preferred.

A negative drug screen is an important piece of evidence which can help you win your case. You can lose your appeal if the drug screen does not meet state requirements or is positive. A Michigan license attorney can make sure your drug screen meets state requirements. Further, a Michigan license lawyer can guide you through the Michigan drivers license appeal process.

For this reason, I would urge you to consider hiring a Michigan license restoration attorney or Michigan drivers license appeal lawyer to guide and represent you through the process of restoring your license.

I tell my clients that if there is any doubt in the hearing officer’s mind about their case, they will loose.  This is why I recommend that you seriously consider hiring a Michigan drivers license reinstatement attorney.

First, let’s first take a step back and examine what you must prove and how a hearing is handled. In order to win your Michigan drivers license appeal hearing, you must prove the following:

1. Your substance and/or alcohol problem is under control and will stay that way in the future.
2. You have a low risk of driving under the influence and a low risk of repeating your past abusive behavior in the future.
3. You are motivated and have the ability to safely drive within the limits of the law.
4. You’ve been sober for 6 to 12 months. Please note that the vast majority of petitioners will need to have a minimum of 12 months of continuous sobriety before the hearing.

It’s also really important to understand how convincingly you must prove your case. This standard is referred to as “clear and convincing.” The bottom line is this: at the conclusion of your appeal, there cannot be any doubt in the hearing officer’s mind or you will lose.

It is also helpful to understand how and to whom your case is presented. Your Michigan driver’s license appeal hearing will be held in front of a hearing officer. At the hearing, you may testify along with any important witnesses. The hearing officer will issue an opinion as to whether or not your Michigan driver’s license appeal was successful.

This brings us back to what type of evidence you should submit for your Michigan driver’s license appeal. It is important to remember that each case is unique and different. Therefore, the kind of evidence that may be necessary to submit in your case could be quite different from what needs to be submitted in somebody else’s case. What follows are some common examples of evidence that may be used for your Michigan driver’s license appeal hearing.

The Secretary of State wants to know that your alcohol problem is under control and will stay that way in the future. If you attended alcohol treatment or counseling, you should submit these records because it will help you prove that your alcohol problem is under control. Likewise, if you have been attending Alcoholics Anonymous, you should submit your sign-in sheets. Continuous and consistent attendance helps prove that your alcohol problem is likely to stay under control in the future.

Three additional pieces of evidence are worth mentioning. As part of Michigan driver’s license appeals, you will be required to submit a substance use disorders evaluation along with a drug screen. These documents must be submitted as part of your appeal. These items are critical. A favorable evaluation and drug screen can go a long way to help prove your case. Additionally, you will want to submit 3 to 6 letters from a variety of people who will confirm your sobriety.

You’re only entitled to one Michigan driver’s license appeal per year. Submitting the appropriate evidence can help ensure a successful appeal.

About Mark Langschied
Mark Langschied is a Michigan attorney who handles Michigan driver’s license appeal, Michigan OWI, traffic ticket, and driver’s license reinstatement cases.

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.

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.

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.