Driver’s License Restoration – How To Win Your License Back

There is an old saying that “a little knowledge is a dangerous thing,” and while it has almost universal application, it is especially relevant when someone tries to “play lawyer” and handle his or her own driver’s license restoration or clearance appeal.

You can learn and get a lot from it, but Google can’t give you a law degree. People often confuse or incorrectly equate information with knowledge and experience. A person can acquire information about a particular subject, but that’s very different from having a systematic understanding of it, especially from having actually done it thousands or times over (and successfully, no less).

Our driver’s license restoration lawyers in Michigan can guide you through the driver’s license reinstatement process.

Understanding the Fundamentals of the License Restoration Process

The license restoration process is, in every sense of the word, a system, and it is based on certain well-established principles of law. The whole “burden of proof” requirement serves as another example; the law mandates that, in a license appeal, a person prove his or her case by what is defined as “clear and convincing evidence.”

Anyone handling a license appeal needs to know exactly what that means and how that standard compares with and is different from the other legal standards of proof, like “preponderance of the evidence,” “probable cause,” and “proof beyond a reasonable doubt.”

Driver’s license restoration appeals involve a lot more than just filling out a bunch of forms and saying that you’ve quit drinking. In fact, driver’s license restoration and clearance cases serve as a great real-world example of the concept that “you don’t know what you don’t know.”

The Importance Behind the Legal Phrase: Clear and Convincing Evidence

Although it may not seem so technical at first glance, every part of the license appeal process is based upon some underlying legal meaning, and you can keep burrowing down through them, all the way to the precise legal definitions of specific words, like “clear,” and “convincing.”

In fact, the whole “clear and convincing evidence” standard of proof, as it is applied in license appeal cases, means if you leave the hearing officer with any concerns, doubts, or unanswered questions, you will lose.

Winning by “clear and convincing evidence” basically amounts to hitting a home run.

Moreover, and unlike almost every other legal proceeding, which begins by presenting evidence to a neutral party who is supposed to begin with an open mind, favoring neither side, the hearing officer’s legal mandate in a license appeal is NOT to grant the case unless, as the law instructs, the person proves it by “clear and convincing evidence.”

This is a small but very important distinction, and it means that every license appeal filed with the Michigan Secretary of State starts at “No” and must be denied unless the person filing it convinces the hearing officer to say “Yes.”

What is Rule 13 and Why it Matters for License Appeals in Michigan

Rule 13 of the Driver’s License General Rules dictates the standards under which the petitioner can reinstate his or her license. The standards are strict, as Michigan frowns heavily on drunk driving. The rule states that a person must prove by “clear and convincing evidence” that his or her substance abuse problems are under control and that he or she is a minimal risk of repeating past abusive behavior.

Proving Sobriety In Driver’s License Restoration

This means demonstrating that the person no longer drinks or uses controlled substances other than what has been prescribed by a doctor (and even that is subject to careful examination).

The petitioner must also prove, by “clear and convincing evidence,” that he or she has both the ability (meaning the tools) and the commitment to NEVER drink (or get high) again.

The kind of evidence that needs to be submitted includes:

• Chemical testing
• Letters of support (NOT “good guy” letters) from AT LEAST 3 independent sources to corroborate the petitioner’s sobriety (our office requires a minimum of 4)
• A Favorable Substance Use Evaluation (SUE)
• Proof of a sober lifestyle (and no “risky” medications) without proper medical documentation
• Other favorable and probative evidence
• Our office requires at least 18 months of sobriety
• A copy of any out-of-state driving record

This shifts the burden of proof to the petitioner – the person filing the appeal. In a nutshell, the hearing officer must start with “No,” and unless the evidence submitted clearly convinces him or her to say “Yes,” the appeal must be denied.

Ignition Interlock Violation Cases Must Also Prove “Clear and Convincing” Evidence

We see this play out a lot in ignition interlock violation cases, when a person goes in on his or her own, without a lawyer, and loses. If a person fails or misses a breath test, it’s up to him or her to PROVE, by clear and convincing evidence, that he or she wasn’t drinking alcohol.

The hearing officer doesn’t have to do anything other than wait for the person to show clear and convincing proof – or not. If you run into any problems you rely on any “advice” the interlock provider told you, as they are not attorneys.

It is not part of the hearing officer’s job to investigate anything. You have the burden of erasing any doubts about what may have happened. Instructions for how to so this is clearly spelled out in the Secretary of State’s order granting restricted driving privileges.

You Don’t Have to Hire an Attorney – But We Recommend You Do

If you have even a single question about Rule 13, then it’s probably time to stop trying to play a driver’s license restoration lawyer or trying to become one on the internet.

Because the law allows people to represent themselves, some folks will be hell-bent on trying to save the money and do it themselves. I have written plenty of articles about the perils of a “do-it-yourself” license appeal, and I have tried to make some of those same points in this article, as well.

If you win, then good for you, and you can never say I tried to dissuade you in some grubby attempt to get your money.

If you don’t win, though, then you know where to find us when you need us. Many of our clients come to our office having first tried it on their own and losing.

Of course, I don’t mean any of this to sound like a person shouldn’t look around as he or she tries to gather information. In fact, one of our firm’s signature pieces of advice is that if you’re looking for a lawyer, you should read around as much as you can and pay attention what other lawyers have written, including how they explain things and how they explain themselves.

Why Work With Jeffrey Randa and Associates For Driver’s License Restoration

It is very difficult to get your license restored on your own. An experienced Michigan driver’s license restoration lawyer guides you through every step of the process to ensure you comply with Rule 13 and any other requirements for the appeal hearing.

Additional Resources

• Michigan DUI and Driver’s License Restoration – The Questions That Must be Asked: For a driver’s license revocation case to be successful, your attorney must ask the important questions and delve into your history.
• The Substance Use Evaluation (SUE) in Michigan Driver’s License Restoration Cases: The substance use evaluation form must be completed accurately, favorably, and legally for your driver’s license appeal to be successful.
• License Revoked for DUI’s? Here is the Process to Get it Back: Learn more about the process for Michigan driver’s license reinstatement.

Win Your License Back and Get Back on the Road

If you are looking for a lawyer to win back your Michigan driver’s license, obtain the clearance of a Michigan hold on your driving record, or handle an ignition interlock violation, do your homework. Check out as many lawyers as you can; read around to see how they explain things, then call around and see how they answer your questions.

My team and I handle Michigan driver’s license restoration and clearance cases no matter where in the state (or even the country) you may live. Our firm GUARANTEES to win every restoration and clearance appeal case we take, so there’s no risk if we represent you.

We also handle Michigan driver’s license suspension and revoked license cases in the Greater-Detroit area.

We are very friendly people who will be glad to answer your questions and help you understand your situation.

We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST), at either 586-300-3614 or 248-949-1356. All of our consultations are free, confidential, and, best of all, done over the phone – right when you call.

Frequently Asked Questions