The following is a short overview of the driverâs license appeal and clearance process required by Michigan Secretary of Stateâs Office of Hearing and Administrative Oversight (OHAO).
Michigan driverâs license restoration and clearance appeals are complex. They are decided by Rule 13, of the Michigan Driver License General Rules, which reads:
The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:
- That the petitionerâs alcohol or substance abuse problems, if any, are under control and likely to remain under control.
- That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.
- That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.
- That the petitioner has the ability and motivation to drive safely and within the law.
- Other showings that are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.
To even start the license appeal process, you must first be legally eligible.
The Secretary of State rules determining eligibility are very specific, and cannot be shortened or modified, no matter how much you need a license:
- If your license was revoked for 2 DUIâs within 7 years, you must wait at least 1 full year from the last conviction to be eligible to apply.
- If your license was revoked for 3 DUIs within 10 years, you must wait at least 5 years from that last conviction to be eligible to apply.
You can file for your hearing up to 6 weeks before your actual eligibility date.
Being able to apply, though, doesnât mean youâre anywhere near able to win. As Iâll make clear in the following sections, there are things you must be able to prove to have any chance of winning a restoration or clearance case, and the first among them is that you have honestly quit drinking.
Michigan License Reinstatement Documents
To begin, you must undergo a substance use evaluation (often, but incorrectly referred to as a âsubstance abuse evaluationâ).
- The substance use evaluation (SUE) must be completed by a licensed substance abuse counselor and requires very specific information. It is, without a doubt, the most important single piece of evidence in every license appeal case.
- If the evaluation doesnât hold up legally, then the whole case collapses, your appeal will be denied, and youâll have to wait at least another year to try again.
Accordingly, you must submit a legally adequate and favorable evaluation to have any chance of success in a driverâs license restoration or clearance case.
In addition to the Secretary of Stateâs request for hearing and SUEÂ form, you must also submit a minimum or 3 (and a maximum of 6) letters of support, also called âtestimonial letters.â
- The role of these letters is, collectively, as important as the substance use evaluation, and taken together, these 2 pieces of evidence are the foundation of a winning appeal.
- The content of these letters is critical, because they must also contain certain and specific information. Also, whatâs NOT in these letters is every bit as important as what is.
Once the completed paperwork is filed with the Secretary of State, a date for your hearing will be set, and your case assigned to one of the OHAO hearing officers. At the hearing, every hearing officer will ask some of the same core questions â but each on also has his or her own particular areas of interest theyâll explore in order to help them decide whether or not to grant your appeal.
Beyond that, the specific questions asked by each officer will vary, depending on a broad range of factors, like if you are involved in AA, or not.
You need to be thoroughly prepared for all this, and not just for the hearing in general, but also for the particular hearing officer to whom your case is assigned.
During the hearing, you will be asked a lot of questions. Hearings generally last about a half hour, and the decision is usually mailed out several weeks thereafter.
This, in a nutshell is basically how the Michigan driverâs license restoration process works.
If youâre serious about winning your case the first time, and really want to get back on the road, read through the various pages of this website section and the Driverâs License Restoration section of our blog, where we have posted numerous articles that examine every facet of the license appeal process in detail.
Of course, if youâre looking to win your license back, you want to do that the first time around. As genuine Michigan driverâs license restoration attorneys, our services come with a first time win guarantee. You simply canât do any better than that.
The real cost of losing your license appeal is being stuck having to rely on other people to get around for another whole year.
We can make sure that doesnât happen. My team and I know exactly what to do, and how to do it to get you back on the road. We donât cut corners to compete with anyone on cost. Instead, we do whatâs necessary to win the first time around.
NOBODY can compete with how we do license appeals, nor can anyone match our success, much less guarantee to win, like we do.
When youâre ready to learn more, call our office. My team and I are really friendly people who will be glad to answer your questions, explain things, and even compare notes with anything some other lawyer has told you. All of our consultations are free, confidential, and done over the phone, right when you call (during normal business hours).
We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST), at 586-465-1980.
