In Michigan, having your driving privileges suspended, revoked, or restricted is one of the most disruptive legal penalties anyone can face. Whether resulting from a DUI, drug conviction, or multiple traffic violations, Michigan’s driver’s license civil & criminal sanctions affect thousands of people every single year.
These penalties are often misunderstood. For those trying to get their license back, understanding the law is only the first step. Navigating it successfully often requires professional legal help.
We know exactly how to do that, and our firm GUARANTEES to win every initial driver’s license restoration and out-of-state clearance appeal case we take.
Understanding Michigan Driver’s License Restoration Laws
Michigan driver’s license restoration laws are unique in that they blend criminal law and administrative procedure into one highly technical field. When a person loses their license because of a single or multiple DUI convictions (technically called “Operating While Intoxicated,” or “OWI” for short), they face not only criminal penalties but also administrative driving sanctions issued by the Michigan Secretary of State. These sanctions can include a suspension, restriction, or complete revocation of driving privileges.
Civil vs. Criminal Sanctions in Michigan
In Michigan, license sanctions fall into two categories: criminal penalties imposed by a court, and civil sanctions enforced by the Secretary of State.
Criminal penalties could include fines, jail time, and probation. However, these are often just the beginning of a longer road to reinstating your license.
Civil sanctions, on the other hand, are automatically imposed by the Secretary of State. In fact, some of these penalties don’t even require a criminal conviction. This kind of automatic penalty is called an administrative sanction.
Common Triggers for License Loss in Michigan
Given that there were over 11,600 DUI deaths in 2020, resulting in one person dying every 42 minutes in drunk driving crashes, with almost 30% of all those convicted of a DUI being repeat offenders, it’s no surprise that DUI convictions are a major cause of losing your driver’s license. However, there are several other things that could lead to a suspension or revocation. Some of the most common include:
- Too many points on your record
- Failure to appear in court
- Driving without insurance
- Drug convictions
- Restricted license violations
- Causing death or serious injury as the result of an accident
- Being medically unsafe to drive
To protect your driving privileges and avoid costly delays, it’s important to seek the guidance of an experienced driver’s license attorney so you can maximize your chances of getting back on the road.
What It Takes to Restore Your License in Michigan
If your license has merely been suspended, you generally get it back after a specified period of time. This is called “reinstatement,” and once the time period has passed, it’s almost always a matter of paying the Secretary of State’s reinstatement fee, and you’ll be good to go.
By contrast, if your license has been revoked for multiple DUI’s, Michigan doesn’t make it easy to get your license back. You need to file for and win a formal driver’s license restoration appeal. The burden of proof lies entirely on the driver, who needs to demonstrate, by what the law defines as “clear and convincing evidence,” that they’re no longer a risk to public safety.
Doing that involves proving that your legally presumed alcohol and/or substance abuse problem (yes, the law presumes that anyone who has racked up multiple DUI’s DOES have a problem) is “under control,” and also that such problem is “likely to remain under control.” Here, the phrase, “it’s complicated” really applies.
A standard license restoration hearing requires, among other things:
- A current Substance Use Evaluation
- A 12-panel urine drug screen
- Multiple testimonial letters of support from family, friends, or colleagues
- A compelling personal statement outlining your sobriety journey
The state holds petitioners to a high standard, so even one misstep, like a vague support letter or an outdated evaluation, can lead to a denial. That’s why the role of a driver’s license restoration attorney becomes critical.
Hire a Genuine Driver’s License Restoration Lawyer
When it comes to restoring your Michigan driver’s license, choosing the right legal representation can make all the difference. The process is complicated, highly detailed, and can vary depending on the Administrative Hearings Section (AHS) hearing officer who will decide your case. Each hearing officer slightly has different areas of interest and concern.
Moreover, some prefer the lawyer to begin the questioning, while others like to ask their own questions first. Not knowing these procedural nuances can drastically affect how your case will proceed.
A genuine and experienced driver’s license attorney brings invaluable knowledge about how each of the hearing officers evaluate evidence and make decisions. They understand the unwritten expectations, preferred documentation, and areas of concern. This insider insight allows them to tailor your case to meet the specific criteria that each hearing officer prioritizes.
Additionally, a real driver’s license restoration lawyer will be there to guide and protect you during your hearing. They can help make sure your case is presented clearly, professionally, and, most of all, persuasively.
Take the First Step Today With Jeffrey Randa and Associates
Established in 1993, Jeffrey Randa and Associates is a Metro-Detroit-based law firm distinguished by its recovery-focused approach to legal representation. Grounded in the conviction that genuine recovery produces meaningful outcomes, Jeffrey Randa completed an advanced post-graduate program in addiction studies.
This training equips the firm with a thorough understanding of the complexities involved in maintaining sobriety, including the psychological and scientific factors. We use this specialized knowledge to help our clients win. With years of experience and a compassionate, results-driven mindset, we’re dedicated to helping clients regain control of their lives and restore their independence.
FAQs
Q: Can I Restore My Michigan Driver’s License if I Moved to Another State?
A: Yes and no. While you can restore your Michigan driver’s license if are now a resident of another state, using the same process, you can “clear” the Michigan hold so that you can obtain a license in your new state. This requires filing a formal license appeal through Michigan Secretary of State to remove the hold on your driving record.
Q: What Happens if I Relapse After a License Restoration?
A: If the Secretary of State finds out about a relapse, either through a failed drug test, a new criminal charge, or a report from an ignition interlock device, your license can be revoked all over again. In all cases, you will have to wait at least a full year to reapply, although it will likely be several years before you have any real chance of getting back on the road. An experienced lawyer can help determine how to respond, especially if the relapse was minor, isolated, and followed by renewed sobriety.
Q: Can Therapy or Support Group Attendance Help My Restoration Case?
A: Yes, therapy or support group attendance can help your restoration case, but in many, if not most cases, being active in anything like that is NOT necessary, especially if you’ve had counseling or attended a support group in the past, and have been able to maintain your sobriety without it. Hearing officers take all such efforts very seriously, especially when they demonstrate that you have developed a long-term commitment to recovery. An experienced driver’s license attorney can help you determine what you need.
Q: Can a Past License Restoration Denial Hurt My Future Case?
A: No, a past license restoration denial can’t necessarily hurt a future case. Many clients who hire us have either lost after having tried on their own, or after having hired some lawyer who claimed to “do” license restoration cases. We make sure the new case addresses the weaknesses in all previous failed attempts. Hiring a lawyer to review your prior denial orders and build a stronger case can dramatically increase your chances of success, and remember, our firm GUARANTEES to win every initial restoration and clearance appeal case we take.
Contact Jeffrey Randa and Associates
If your license has been revoked, regaining it is possible. At Jeffrey Randa and Associates, we are genuine Michigan driver’s license restoration lawyers, dedicated to helping people get back on the road and back to their lives. If we take your case, you WILL win your license back – guaranteed!
Contact us today for a free, confidential consultation, done over the phone, right when you call. We are very friendly people who will be glad to answer your questions, explain things, and even compare notes with anything some other lawyer has told you.
