DRIVERS LICENSE RESTORATION

driver's license restoration

HOW A DRIVER'S LICENSE GETS REVOKED

The most common way that a driver’s license gets revoked in the state of Michigan is after an individual is convicted of two DUI offenses within seven years. It is not required that both DUI offenses involve alcohol; if an individual is convicted of an offense where he or she was under the influence of drugs while driving, then that offense will also count towards revoking that individual’s driver’s license. If someone has had his or her driver’s license revoked, it is important to understand that there is no automatic reinstatement process in the state of Michigan. In Michigan, if you are looking to have your driver’s license reinstated by the state, then you will have to prove to the Secretary of State that it is safe for them to allow you back on the road as a licensed driver. The legal process for doing so is known as a driver’s license restoration. If your license has been revoked and you are wondering what can be done to get your driver’s license back, give us a call at East Lansing DUI so we can help. 

DEALING WITH THE MICHIGAN SECRETARY OF STATE OFFICE

Exactly nobody likes dealing with the Secretary of State. If you have ever had to unnecessarily wait in line to get something done at a Secretary of State office, then you know what I’m talking about. When you are seeking to have your driver’s license restored, the decision will be made by a hearing officer employed by the Michigan Secretary of State. To schedule a driver’s license restoration hearing, you must submit a request for the hearing in writing to the Office of the Secretary of State. Your actual hearing will take place at a Secretary of State branch office, usually over a live videoconference with a hearing officer. You will be expected to appear in person and can have an attorney represent you. The hearing officer that presides over your hearing is tasked with determining whether or not you have proven your sobriety by “clear and convincing evidence.” You will be questioned during the hearing and will be able to present evidence in support of your sobriety. The hearing officer must be satisfied that you have proven your sobriety, and that your sobriety is going to continue if your license to drive is reinstated.

THE DRIVER'S LICENSE RESTORATION PROCESS

People who have had their licenses revoked are generally eligible to seek reinstatement once a year has passed since revocation. Once it is determined that you are eligible to seek reinstatement of your driver’s license, you will then be tasked with submitting the following documentation in order to be granted a hearing:

 

  • A current substance abuse assessment that is less than 90 days old
  • Three to six written letters of support by individuals who can verify your sobriety
  • Documented attendance of substance abuse support meetings such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA)

If you fail to include any of the above documentation or incorrectly submit your request for a hearing, your request can be denied. You will be required to demonstrate a minimum of one year of sobriety and must be able to properly articulate why your sobriety will continue and that you will not drink and drive. Hearing officers are particular about what they are looking for to be convinced that your sobriety is real, and that you are safe to be allowed back on the road. If you fail to convince the hearing officer to reinstate your driver’s license, then you will have to wait a year to reapply if you don’t appeal that decision. If you are curious about your eligibility to seek reinstatement of your Michigan driver’s license, call us at East Lansing DUI for a free eligibility determination. 

DRIVER'S LICENSE RESTORATION DENIAL APPEALS

If you don’t want to wait a year to reapply for your driver’s license reinstatement, then you have the option to appeal the hearing officer’s decision. The proper place to file your driver’s license restoration denial appeal is with the Circuit Court for the county that you live in. So, if you are an East Lansing resident and are denied your driver’s license at a restoration hearing, then the proper place to file your appeal would be at the Ingham County Circuit Court. You can attempt to do this on your own or with the assistance of an attorney. The Secretary of State will be represented by an attorney from the Attorney General’s Office, and this attorney will appear for the appeal hearing personally. All appeals are limited to a review of only the information which was presented at the initial driver’s license restoration hearing. You will not be able to present new evidence at an appeal or argue any new issues. The Circuit Court judge will review your appeal and listen to oral arguments at your appeal hearing, and then make a decision whether or not to grant you your driver’s license. You have limited time to seek an appeal if your reinstatement is denied. It is your responsibility to act quickly; if you don’t, you may lose your chance to appeal altogether.

WHY HIRE AN ATTORNEY FOR A DRIVER'S LICENSE RESTORATON CASE?

It is not required that you have an attorney represent you for a driver’s license restoration case, so you may wonder why someone would need an attorney’s help. Having an attorney help you with a driver’s license restoration can be beneficial because an experienced driver’s license restoration attorney will be able to help you see the pitfalls in your case before the hearing officer does. If your restoration hearing is the first time that you realize that your case has important weaknesses, then you will likely be waiting another year to try again. Having an attorney on your side can help you prepare and present the best possible case to help you seek these weaknesses before they hurt you. At East Lansing DUI, we know how daunting this task may feel and will work with you to help you present your strongest case to get your driver’s license back. 

HOW EAST LANSING DUI CAN HELP

The attorneys at East Lansing DUI bring significant experience and legal knowledge with them when representing clients facing driver’s license restoration cases. We understand how important it is for people to have their driving privileges and we will draw on our past experience in dealing with Secretary of State hearing officers to help each client find success. A case assessment with one of our attorneys will help you determine your eligibility to get your license back and will give you an overview of how we can help. You will come away with a clear idea of how to best approach your driver’s license restoration case after meeting with one of our attorneys at East Lansing DUI. 

EAST LANSING DUI FREE CONSULTATIONS

At East Lansing DUI, we understand that this might be the first time you are attempting to get your driver’s license back. It is normal to have some questions and worry about what the outcome of your case might be. Because of this, we are proud to offer free consultations to anyone looking to restore their driver’s license. Simply call us at (517) 292-7000 or contact us online to arrange a consultation with one of our attorneys. It could be the call that finally gets you back on the road.

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