Driver’s License Restoration, Reexamination, Assessment, and Appeals
Michigan DUI and Revoked DL Lawyers
When you have had your driver's license suspended or revoked in Michigan due to multiple convictions for drunk driving or OWI, it is recommended you have a DUI attorney with extensive experience in driver's license restoration to guide you through the process of having your driving privilege restored. In some cases, an individual may have his or her license revoked for a lifetime if convicted of multiple DUI offenses. However, revocations are based on how many drunk-driving offenses an individual has committed within a specific time period. Essentially, if you are a repeat offender, you will not necessarily have your license revoked. This depends on a number of factors including:
Whether you have been convicted of DUI twice within a seven year time period. Your driver's license may be revoked for life, however after one year you may request a hearing with the DAAD (Driver Assessment and Appeal Division).
Three DUI convictions within a ten year time span will result in a lifetime revocation; however after one year or five years, you may request a DAAD hearing.
A prior revocation within the last 7 years will result in a hard five year revocation, meaning that you cannot request a license restoration hearing with the DAAD for five years.
This all sounds complex, and it is. Your Michigan driver's license restoration attorney will be able to help determine whether you are eligible to request a hearing with the DAAD by examining your driving record.
It is critical to obtain the guidance of a lawyer when ready to seek licensure from Michigan's DAAD, as losing means you will be required to wait for one full year before reapplying for reinstatement of your driver's license.
Requesting a Hearing with The Secretary of State's Driver Assessment and Appeal Division (DAAD)
You must file a request with the DAAD in order to obtain a hearing to have your license reinstated. However, there are various documents and other information you must submit at this hearing which are critical to your success. You must ensure these documents are properly formed and reviewed by your attorney BEFORE you request a hearing to ensure you have a good chance for success. The documentation and other things you must present at your hearing include:
A current substance abuse evaluation. This evaluation must have a copy of your answers to the written test, as well as a copy of the written testing instrument attached to it. In addition, the evaluation must be complete and accurate, prepared by a qualified professional.
Ten panel urinalysis. This is a test for various drug categories, those commonly abused by individuals who abstain from alcohol use. This test will demonstrate to the hearing officer whether you have substituted alcohol with drugs.
A substance abuse evaluation and request for DAAD hearing are all that are necessary to obtain a hearing date. However, you will need testimonial letters, also referred to as "community proofs" at this hearing to support your claims that you have been abstaining from the use of alcohol and illegal narcotic drugs or substances. These testimonial letters may be provided by family members, friends, co-workers, or others who can verify your abstinence from alcohol or drugs, and must cover past and current habits in regards to the use of these substances. They must also be notarized. Essentially, you must provide solid evidence that you are now sober, and will maintain your sobriety. It is also helpful to include proof of your involvement in an alcohol or drug treatment program.
Proper preparation is key to ensuring the DAAD officer has absolutely no reason to deny your request to have your driver’s license restored.
It is important to understand that when attempting to have your driver's license reinstated, the burden of proof lies in YOUR hands. Therefore it is critical that you have all of the required documents, letters of testimonial, and information necessary to clearly convince the hearing officer that you are sober, and will remain that way.
Michigan Driver Assessment Reexamination
You may be requested for reexamination of your driver's license, which can be a nerve-racking process. Most drivers who are "tapped" for reexamination have been chosen for a reason, such as having 12 or more points on their driver's license, multiple DUI convictions, or being ticketed while on probation. Individuals who have a good driving record are not typically called in for a driver assessment reexamination. If you are chosen, you will be notified of the scheduled date and when to appear along with the location. There are a number of assessment offices throughout the state of Michigan which you can find at the Michigan Department of State website.
During the reexamination to determine whether you should retain your driving privilege, time will be set aside so that the analyst can discuss your driving behavior or issues with you, and review your driving record. Depending on your particular circumstances, you may be required to pass various tests including on-road performance, vision, and knowledge. Once the analyst assesses your driving, it may be that your license remains intact and is unaffected, or it could potentially be suspended, restricted, or revoked. If this is the case, the analyst will provide you with information regarding license reinstatement and your appeal rights.
Contact Michigan DUI Attorney Scott Grabel Today
We highly advise against attending a hearing with the DAAD without the support and guidance of a skilled DUI attorney. If your appeal is unsuccessful, you will be required to wait for a full year before requesting another appeal hearing. At Grabel & Associates, we have an outstanding track record across the state of Michigan for helping clients win back their driver's licenses. Contact us today at 1-800-342-7896.