Coronavirus (COVID-19) Alert: Our office is OPEN, and will remain open, to the extent possible, during this crisis. We have long handled consultations and retainers by telephone. We are managing all new and pending criminal and DUI cases under current and evolving court practices.

Driver’s License Restoration and Clearance cases are well-suited to start over the phone, and the “down time” many people have now is a good opportunity to begin this process.

Our consultations have ALWAYS been free, confidential, and done over the phone, right when you call. We are very friendly people who will be glad to explain things and answer your questions, Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST).

When are you Eligible to win back your Michigan License?

Before you can begin the process of restoring your Michigan driver’s license or obtaining a clearance of a Michigan “hold” on your driving record that prevents you from getting or renewing a license in another state, you must first be eligible

Eligible, in the sense we use it here, means legally able

And while the rules regarding eligibility are rather clear, the complex situations in which some people find themselves can make it difficult to figure things out.

At its most basic, Michigan law provides that a person’s driver’s license shall be revoked by the Secretary of State (SOS) for a minimum of 1 year if the person receives 2 DUI within 7 years. 

If a person received 3 DUI’s within a 10-year period, then the Secretary of State is required to revoke his or her license for a minimum of 5 years.

There is no way to shorten either of those time periods. Nor does the Secretary of State care how much you “need” a license, because there is no mechanism to "care."

The law is written in stone, and you are either eligible, time-wise, or not.

As anything concerned with the law goes, however, what at first appears to be simple can become frustratingly complex. Normally, you’d think that “2 DUI’s within 7 years” is pretty clear. As applied within Michigan, however, “7 years” isn’t exactly 7 years. 

As the popular saying goes, “it’s complicated.”

  • In reality, “2 DUI’s within 7 years” means something more like “anything to do with 2 DUI’s in a 7-year period.” 
  • Thus, if Dan the Driver is arrested for a DUI in November of 2005, but is not actually convicted until January 3, 2006, the effective “date” of his first DUI is the latter (1/2/2006). In other words, the 7-year period begins running upon the date of his conviction, not his arrest. 
  • But that only counts for the first DUI.
  • If Dan is next arrested for a DUI on January 2, 2013, and even if he was not convicted until July of 2013, he will still have his license revoked for “2 DUI’s within 7 years" because the state counts the ARREST date of the 2nd offense.

As I said, it's complicated...

This was done to make give the 7-year period the longest reach possible. 

Think of how different (and consistent) things would be if the 7 years went from arrest date to arrest date, or conviction date to conviction date. 

Dan was certainly not convicted of 2 DUI’s within 7 years, nor was he even arrested for 2 DUI’s within 7 years, but the law allows the clock to start running at the last step of the first case, and lets it run until the first step in any subsequent case.    

Of course, this same analysis applies to 3 DUI’s within 10 years.

By far, the biggest ‘eligibility” complication occurs if a person is caught driving at any point during his or her period of revocation. 

To be clear, even though the state revokes a license for a “minimum” of either 1 or 5 years, unless and until a person has filed and won a formal driver’s license restoration appeal with the Michigan Secretary of State's Administrative Hearing Section (AHS), he or she remains revoked. 

In other words, you’re still revoked until you actually win back your license, no matter how long you may have been eligible to file an appeal.

If the Michigan Secretary of State receives notice from any court that a person with a revoked license has been convicted of any moving violation, that person will receive what is called a “mandatory additional” revocation, meaning another identical period of revocation (either 1 or 5 years) upon his or her driving record.

  • A “mandatory additional” is an administrative penalty imposed by the Secretary of State. It has nothing to do with any license penalty that may or may not be imposed for the particular infraction. 
  • Instead, it’s more or less a “gotcha” where the SOS discovers that someone has been driving, and, regardless of the penalty carried by the violation to which the person pleads guilty, simply sanctions him or her for the act of driving during the period of revocation. 
  • This means that even if a person is ticketed for 5 mph over on the freeway, an offense that carries no points and does not have any separate license sanctions, he or she will still get stuck with a mandatory additional revocation of either 1 or 5 years.

Often enough, I see cases with multiple mandatory additional revocations piggy-backed upon each other. 

To make matters even worse, even the Secretary of State makes mistake on  driving records. I’ve also seen mistakes made by a court show up on a person's driving record that have had to be rectified. 

In some cases, mistakes made by a court in reporting a DUI conviction cannot be fixed, and the law actually allows that!

The simplest way to figure things out is for me to review your driving record. 

I have always been willing to look over anyone’s record, and will always do so without charge. 

If you are wondering if you can begin the driver’s license restoration process, and you’ve actually quit drinking, I’d be happy to help determine if you are, or at least when you will be eligible to file a Michigan driver’s license restoration or clearance appeal so that we can get you back on the road.

Client Reviews
Five stars hands down!! Jeff and his legal team represented me in a seemingly impossible situation. I had many obstacles to overcome, in the end I walked out with with my driving privileges reinstated. Jeff and his team were very helpful Peter
Thank you for your knowledge and help in winning restoration of my driving privileges. I tried before on my own, lost (of course) and am glad I found your site. Katie
Just wanted to thank you for winning my license appeal. I was so happy when I got the letter in the mail that said I had won. I thank you so much for all your help and would be so happy to give your name to anyone who needs to get their license back. Mike
I wanted to thank you for taking my case. I would tell anybody trying to get their License back they need to talk to you. I should have done this a long time ago. Doug