Repeat drunk driving offenders face license revocation upon conviction if there are two or more convictions within 7 years. The revocation is for LIFE. Attorneys like to dance around this issue when pleading clients guilty to a drunk driving offense (which INCLUDES impaired driving). It is a LIFETIME revocation, and there's no easy way around it.
The courts are no longer permitted to grant restricted licenses based upon any personal hardship that might be suffered, and the law makes no concession for your need to work, buy groceries or take your children to school. The life-time revocation may only be set aside when a person whose license has been revoked has requested reinstatement through the DLAD (Driver's License Appeal Division) after the revoked driver reaches his or her eligibility date. At this hearing, the revoked driver bears the burden of proof by clear and convincing evidence.
Six things you MUST provide to the Hearing Officer and prove at the DLAD / DAAD hearing:
1) The revoked driver must provide a complete alcohol evaluation from a licensed alcohol counselor that takes into account the petitioner's entire history of substance abuse.
2) The evaluation must establish, and the petitioner must prove, that the revoked driver has stopped using alcohol for at least a year outside a controlled environment.
3) Proof that the revoked motorist has successfully completed alcohol and/or substance abuse therapy.
4) Proof of regular attendance at a support group such as Alcoholics Anonymous.
5) Letters from family and friends establishing a change in lifestyle and impact from being alcohol-free.
6) The petitioner must provide evidence that establishes a reason and need to drive.
If you pick up a ticket for anything during this process, we have to keep it off your record!
Driving on a suspended or revoked license (DWLS) or proof of driving on a suspended or revoked license (such as an abstracted ticket for "no operator's permit on person" or a speeding ticket) will results in an additional term of suspension being added to the suspension period. Thus, the eligibility date will be extended farther out by the Secretary of State upon conviction or proof of driving.
We have been successful in keeping tickets and convictions for DWLS off a person's license during the period of revocation, but this is by no means guaranteed. If we are unsuccessful in keeping the ticket off of your record, the clock gets reset for another year.
We can provide you the forms, but you should consider calling our firm for help.
The form for appealing is available online here at our site. The mailing address for mailing the request for hearing is:
Michigan Department of State
Administrative Hearings Section
P.O. Box 30196
Lansing, MI 48909-7696