Restoration Of Michigan Driving Privileges Following Suspension/Revocation For Alcohol Or Drug-Related Driving Offenses:
If you have lost your driving privileges for two or more alcohol and/or drug-related driving offenses, you must petition the Office of Hearings and Administrative Oversight (formerly known as Administrative Hearings Sections or AHS) to get your license back. Depending on whether you are an in-state or out-of-state resident, you may request a hearing (in-state) or an administrative review (out-of-state). Both follow the same process and require the same information. The only difference between the two is that you must appear personally for a hearing; in an administrative review, it is simply a document review, with no personal appearance required. Below is the step-by-step process you must follow to be successful in getting your driving privileges restored:
1) Analyzing the Case
Our attorneys will work with you in gathering all the information we need to adequately and efficiently prepare your case for a hearing or administrative review, including getting your most up-to-date driving record and any other information that is useful in determining what option is best for you.
2) Requesting a Hearing or Administrative Review
Once it has been determined that you are eligible for a hearing or administrative review before the Office of Hearings and Administrative Oversight, one of our skilled attorneys will contact you to go over the specifics of your case, and a packet of information will be sent out to you to get you started with this process.
Required paperwork must be submitted in order to request a hearing or administrative review before the Office of Hearings and Administrative Oversight. Your attorney will review all the paperwork with you to make sure all documentation is filled out completely and correctly.
3) Preparing for the Hearing or Administrative Review
The following is the required documentation to be submitted to the Office of Hearings and Administrative Oversight for your hearing or administrative review:
- Request for Administrative Review or Hearing
- Substance Abuse Evaluation and Request for Hearing
- Petitioner’s Affidavit
- 12-panel Drug Screen
- Ignition Interlock Final Report - This is only required after you have successfully driven with an interlock device on your vehicle for the required period of time.
- Evidence of Support - This includes documentation showing attendance at, and/or completion of, any support group (Alcoholics Anonymous or Narcotics Anonymous); alcohol and/or drug education program; and/or drug or alcohol counseling or treatment.
- Documentation of Sobriety - You will need to provide letters of support from three to five people who can attest to your sobriety. Your attorney will work to ensure that all the letters meet the criteria and address all areas of concern.
- Additional Evidence - If you have ever had a driver's license hearing or administrative review, you may have been requested to provide additional information for your next hearing or administrative review. You can refer to your previous order to find out what that information is. Also, you may submit any further evidence you think may be relevant to your case.
Once all the required documentation has been submitted on your behalf:
- Hearing - Your attorney will prepare you for the actual hearing by going over questions that will be asked at the hearing and addressing any and all concerns that you may have. Any witness(es) you want to testify on your behalf will be prepped as well.
- Administrative Review - The process is complete. You will simply need to wait for the order from the Hearing Officer. You attorney will go over the order with you once you receive it in the mail.
4) The Hearing
At the date and time of your scheduled hearing, your attorney and the assigned Hearing Officer will take testimony from you and any witness(es) you wish to have testify on your behalf. At the conclusion of the hearing, you will be advised of what the next step will be.
Once a final decision has been made, an order will be mailed to you and your attorney. Your attorney will go through the order with you and answer any questions you may have.
What Must Be Proven By Petitioner:
In order to succeed in getting driving privileges back, the Petitioner must prove by clear and convincing evidence:
- That the Petitioner’s alcohol or substance abuse problems are under control and likely to remain so; and
- That the Petitioner represents a low or minimal risk of re-offending and a low or minimal risk of repeating past abusive behavior; and
- That the Petitioner has the ability and motivation to drive safely and within the law.
Petitioner must be abstinent from alcohol and/or controlled substances for a period of not less than six consecutive months immediately prior to the hearing. In some circumstances, a period of not less than twelve consecutive months may be required. Those circumstances include the following:
- A bodily-alcohol content (BAC) of 0.16 or higher from any offense; or
- Three or more alcohol or drug-related offenses (driving and non-driving); or
- Being diagnosed as alcohol-dependent, as opposed to alcohol-abusive; or
- Relapsing after prior periods of abstinence; or
- Being involved in a motor-vehicle accident as the driver where alcohol was involved.
Before having full driving privileges restored, Petitioner may, and most likely will, be required to drive his/her motor vehicle with Ignition Interlock installed for at least twelve consecutive months. If approved to drive with interlock, Petitioner will be given detailed instructions as to how this works. Your attorney will be available to answer any and all questions you have about this issue.
Circuit Court Eligible
In some instances, you may be eligible for review in the circuit court rather than having to appear before a Secretary of State Hearing's Officer. The process leading up to the actual court appearance is similar to that leading up to a hearing or review, with just a few differences. Your attorney will walk you through this process step-by-step and prepare you for your appearance in court. While this particular option is no longer available for most people, contact us today to see if this option is available and the right one for you.
Free Consultation To Explain Your Rights And Your Best Options
The dedicated attorneys at Grabel & Associates are available 24/7 to explain your best course of action regarding your driver's license restoration. We understand that the process seems difficult and confusing. With the proper guidance and preparation from a skilled Grabel & Associates attorney, you can get your driving privileges reinstated.