After a year with a Restricted License, and after a 12 full months of using an ignition interlock, a person can file for another Hearing in front of the DAAD and request a Full License, and that the interlock be removed. Part of the filing requirement is that a person submit what’s called a “final report,” which is a certified document produced by the interlock company detailing how a person has done on the interlock over a period of 12 months. If a person has had any problems, like a startup failure for a positive BAC (alcohol level) or any rolling retest violations (meaning that while the vehicle was running, they blew positive for alcohol, or didn’t provide a timely breath sample), this document provides details about that. By the same token, if a person didn’t have any problems, the final report shows that, as well.
It goes beyond the scope of this article to get into “next year’s Hearing,” but the larger point is that the whole Restricted License, ignition interlock period is carefully monitored by the DAAD. A person has to prove him or herself on the Restricted License before they’re even eligible to apply for a Full License without an ignition interlock.
Things are different for non-residents. Anyone who has moved out of Michigan, and who has a “hold” upon their driving record that prevents them from obtaining a License in another state cannot get a Restricted License from Michigan. Having become a resident of another state, Michigan cannot give them any kind of License. Instead, Michigan can only step out of the way by issuing a “Clearance,” which removes the Michigan hold upon their driving record and allows them to get a License in another state.
The end result of a Clearance is that a person almost always gets a Full License in their home state. If there are any restrictions upon that, they are imposed by the new home state. Michigan simply issues a Clearance, which means the Revocation is removed, and a person can thereafter go to their home state’s DMV and get a Driver’s License.
Of course, it takes about 2 seconds for most people to wonder if there is some way to rig up a Clearance and then get a Full Michigan License. The DAAD requires proof of out-of-state residency before it will grant a Clearance, and is on constant guard for this. If the thought has crossed your mind, then congratulations: You and everyone else has had the same, original idea…
Yet nothing in the rules would prohibit or punish a person from coming back to Michigan from another state after a Clearance has been granted, and an out-of-state License obtained. This means if Fred from Florida wins a Clearance from Michigan, uses it to get a Florida License, and then gets a better job offer in Michigan 2 weeks later, he can absolutely move back, declare his residency here, and then get a Full License, without restrictions, based upon his Florida License.
The answer to the question about what kind of License you get if you win a License Appeal depends exactly on the kind of Appeal you’re asking about. If it’s an Appeal for a Michigan resident, the answer is a Restricted License with an ignition interlock for a minimum of 1 year. If the Appeal is for someone who is no longer a Michigan resident, the answer is that you don’t really win any License, but rather a Clearance, instead, that usually allows you to get a full License in your new home state.
As noted at the outset of the article, the answer is simple. The questions can be asked countless different ways, but the answer never changes.
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