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WARNING! MICHIGAN 14 DAY LIMIT - If you refused to take a breath, blood or urine test after being arrested for Driving Under the Influence, OWI/OWVI, or another drinking related charge in Michigan, your license may be at risk of being suspended if you do not take appropriate action to demand an administrative hearing within 14 days after your arrest. Get more information about saving your driver's license NOW before it's too late.

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Driver License Restoration

• The International Drivers License Scam
• Form to Request DLAD Implied Consent Hearing (PDF)
• Form to Request a DLAD Transcript (PDF)
• Form to Obtain Order to Restore Driver License (PDF)
• How to Obtain Your Driver License Records
• How to Obtain a PID (State Identification Card)

Substantive Laws

• How to Read a Michigan License (PDF)
• DUI License Suspension/Revocation Laws (PDF)
• New DUI Driver License Sanctions Ê(PDF)
• DLAD Practice Manual (PDF)
• Prosecutor's DLAD Power Point (PDF)
• Chart Showing Availability of Driver License Appeals (PDF)

Substance Abuse Evaluations

• Substance Abuse Evaluation Form (PDF)
• How We Use Your Substance Abuse Evaluation

Out of State License Issues

• Effect of Michigan DUI Conviction for Illinois Licensed Drivers

Driver License Restoration Cases

General Information Regarding Driver License Sanctions

Based on the changes made to the Michigan drunk driving statutes in October 1999, the Secretary of State was given total power and authority over the administration of driver license sanctions for all drinking related traffic offenses. According to this statutory scheme, the first offender loses his/her license for a period of either 90 days for an OWVI or 180 days for an OWI. At the expiration of this period the driver need only go to his/her local Secretary of State Branch Office, pay a fee and apply for a new license. Provided there are no other impediments, the offender will receive then his/her license with full driving privileges.

The same is not true for the repeat offender, i.e., anyone with a prior drinking related traffic offense within either 7 or 10 years, depending on the circumstances. The second repeat offense carries a mandatory license revocation of a minimum one year period, and the third repeat offense carries a mandatory license revocation of five years.

Approximately 10 days after the Secretary of State receives notice of the conviction, the driver is notified by mail of the "to/from" dates, i.e., when the revocation starts and ends. At the end of this period the driver may not seek a new license at the Branch Office, but instead must file a petition with the Secretary of State's main office in Lansing. A hearing is then scheduled with the Driver License Appeal Division (DLAD). The "Petitioner" (person who qualifies for a hearing) then appears at this hearing and attempts to convince the hearing officer to return his/her driver license. If the Petitioner is not successful, he/she may not petition the DLAD again until the expiration of one year after the determination is first made.

WHAT FACTORS ARE CONSIDERED AT THE DLAD HEARING?

There are administrative rules that apply to these driver license hearings, and they set forth what the hearing officer may consider in making a determination if they will order that a driver license be issued. These are set forth in Rule 13. This rule indicates that the Petitioner has the burden of showing by "clear and convincing" evidence that (1) the Petitioner's alcohol or substance abuse problems (if any) are under control and likely to remain under control; (2) the risk of the Petitioner repeating his/her past abusive behavior is a low or minimal risk; (3) the risk of Petitioner repeating the act of drunk driving is a low or minimal risk; and (4) the Petitioner has the ability and motivation to drive safely and within the law.

The hearing officer will also require that the Petitioner provide clear and convincing evidence that he/she has completely abstained from the use of alcohol or controlled substances for a period of either 6 or 12 months, depending on the underlying circumstances.

WHAT EVIDENCE MAY BE PRESENTED?

The hearing officer may require that the Petitioner present evidence from not less than 3 different sources to support his/her behavior with respect to alcohol and/or controlled substances. These might include things like a urinalysis drug screen to show the absence of drugs or alcohol, a substance abuse evaluation (on the form provided by the Secretary of State), letters from persons that document the Petitioner's behavior, proof of involvement, both past and current, with a treatment program or programs, and proof of his/her past and current structured support program (this usually means AA). Your attorney can help you prepare and present your evidence in the light most favorable to you.

IF I WIN, DO I GET MY LICENSE BACK?

There are essentially three options, a total denial, a restricted license with an ignition interlock device, or a full restoration. What type of license is issued is totally at the discretion of the hearing officer based on the evidence presented.

WHAT HAPPENS IF I LOSE?

You will basically have three choices. You may either (1) wait the year until you are next eligible for a new hearing; (2) file a petition for rehearing, or (3) appeal the hearing officer's determination to the Circuit Court. There are advantages and disadvantages to each of these options, and these should be discussed with your attorney.

Contact Our Office For Assistance With License Restoration

R 257.313 STANDARDS FOR ISSUANCE OF LICENSE.

Rule 13. (1) With respect to an appeal hearing that involves a review of a determination of the department which results in a denial or revocation pursuant to the provisions of section 303(1)(d) or (e) or (2)(c), (d), or (e) of the act, all of the following provisions apply:

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner rebuts the presumption established by section 303 of the act by clear and convincing evidence. Evidence relevant to such a rebuttal includes any of the following:

(i) That the petitioner's alcohol or substance abuse problems, if any, are under control and likely to remain under control.
(ii) That the petitioner represents a low or minimal risk of repeating his or her past abusive behaviors.
(iii) That the petitioner represents a low or minimal risk of repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance.
(iv) That the petitioner has the ability and motivation to drive safely and within the law.
(v) Such other showings as are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

(b) Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for those controlled substances prescribed by a licensed health care professional, for not less than 6 consecutive months, unless the evidence considered at the hearing establishes that a longer period of abstinence is necessary. Such evidence includes any of the following:

(i) That the petitioner has ever submitted to a chemical test that revealed a blood alcohol content of 0.20% or more by weight of alcohol.
(ii) That the petitioner has 3 or more convictions of alcohol or controlled substance-related offenses.
(iii) That the petitioner has attempted to bring his or her alcohol or controlled substance abuse problems, if any, under control, but suffered relapses.
(iv) That an alcohol or substance abuse evaluation of the petitioner reveals a diagnosis of alcohol or controlled substance abuse or dependency.
(v) Such other showings as are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

(c) If the hearing officer determines, pursuant to the provisions of subdivision (b) of this subrule, that the petitioner must prove a period of complete abstinence longer than 6 months, the reasons for that determination shall be explained in the written order issued by the hearing officer.

(d) The hearing officer may require that the petitioner present evidence from not less than 3 independent sources to corroborate the petitioner's contentions of abstinence.

(e) The hearing officer may require that the petitioner submit a current alcohol or substance abuse evaluation on a form prescribed by the department.

(f) The petitioner may submit any or all of the following:

(i) Letters from other persons that document his or her sobriety.
(ii) Proof of his or her involvement with a treatment program or programs.
(iii) Proof of his or her attendance at support group meetings.
(iv) Other relevant evidence.

(2) If a petitioner's application for a license has been denied, or if his or her license has been revoked, pursuant to the provisions of section 303(1)(h) or (i) or (2)(a) or (b) or 320(2) of the act, the hearing officer shall not order that a license be issued to the petitioner unless the petitioner rebuts the presumption established by section 303 of the act by clear and convincing evidence. Evidence relevant to such a rebuttal includes both of the following:

(a) That the petitioner has the ability and motivation to drive safely and within the law.
(b) Such other showings as are relevant to the issue identified in subdivision (a) of this subrule.

(3) If a person's license has been revoked pursuant to the provisions of section 320(2) of the act, the bureau of driver improvement of the department shall not recommend that a license be issued to the person unless the person establishes both of the following:

(a) That the person has the ability and motivation to drive safely and within the law.

(b) Such other showings as are relevant to the issue identified in subdivision (a) of this subrule.