Driver’s License Restoration for DUI’s
The very term “driver’s license restoration” can cause confusion. To be clear, “driver’s license restoration” generally means restoring the driving privileges for someone that has lost the ability to drive for multiple alcohol-related (meaning Drunk Driving) convictions. This necessarily means that a person has had their Driver’s License “Revoked,” and not merely “Suspended.”
As a Michigan drivers license reinstatement attorney, I specialize in issues involving alcohol and drugs, most of that involving Drunk Driving. Beyond my legal education, I am also formally involved in the post-graduate, University level study of alcohol and addiction issues. This makes me unique amongst Attorneys, and gives me such a huge advantage in handling Michigan license restoration cases, where recovery from such problems is the central focus, that I Guarantee I’ll win any case I take. That also makes me unique amongst Lawyers….
That’s the upside.
The downside is that, very often, anyone who has any problem with his or her Driver’s License will see the phrase “Michigan drivers license restoration attorney” and figure I’m the guy to fix it.
Michigan driver’s license restoration cases almost always involve appealing the Revocation of a Michigan driver’s license because of multiple DUI convictions. The same general process applies if a person is appealing a Michigan "hold" that prevents them from obtaining or renewing a Driver's License outside of the state of Michigan, as long as the License has been Revoked for 2 or more alcohol-related driving convictions. Once in a while, a person's License will be Revoked because of some combination of DUI and Drug Offenses, but that's really all the same.
Driver's License Restoration Appeals are filed with the Michigan Secretary of State’s Driver Assessment and Appeal Division (DAAD), and are ultimately decided by one of the DAAD’s Hearing Officers. As the title “Hearing Officer” suggests, most License Appeals are decided after an actual Hearing. In a Michigan driver’s license reinstatement (or Clearance) Appeal, a person has to prove, by Clear and Convincing Evidence, that his or her alcohol problem is under control, and likely to remain under control.
There are two situations where a Michigan drivers license attorney can get a Suspended License back by going to Court:
In a DUI charge where a person has refused the chemical breath (Breathalyzer) test and has his or her License Suspended, or
When a person has had his or her License Suspended by a Judge After a Drug Possession (or Delivery) conviction.
That’s pretty much the limit for fixing Suspended License cases.
It’s important to know that a DUI or Drug Possession Suspension is very different from a Revocation for multiple DUI convictions. The key difference turns upon the status of the Driver’s License, and that depends precisely upon whether the License has been “Suspended” or “Revoked.” The specific term is important here:
A License is Suspended for a certain, fixed period of time. This means it’s taken away from a certain date, and can or will be returned on a certain date, or upon the payment of a specified sum of money to a Court or to the State.
A Revoked License is one that has been taken away for good. There is no “return date” because there is no License to return. In order to ever get back on the road, or, in out-of-state cases, obtain a Clearance that will remove the Michigan “hold” upon a Driver’s Record, a person has go through a full License Appeal before the Secretary of State’s DAAD.
It’s easy to think of a Suspended License in the same way that a student is suspended from school for a certain, specific period of time (like 5 days), whereas a Revoked License is similar to a student having been completely expelled from school.
I cannot help with your Michigan license restoration if your license has been suspended because you owe money. If your License has been Suspended because of unpaid Ticket, or some fine you owe a Court, or Fees owed to the State, the only thing that can be done is for you to pay the money. I completely understand the frustration someone feels if their License is being held up because they owe money (you probably have no idea how many times I’ve heard something like “how do they expect me to get to work…”), but there is no legal maneuver around just paying what is owed.
Thus, being a Michigan driver’s license reinstatement Attorney means, for the most part, that I win License Appeals for people who have had their Michigan Driver’s License Revoked for multiple DUI’s. If you’ve had at least 2 DUI convictions within 7 years, or 3 within 10 years, and you’ve quit drinking, then I’m your guy. As far as that goes, it doesn’t matter how bad your Record looks. A number of years ago, I had a Client with 13 DUI’s on his Driving Record and I won his case the first time around. The key thing is that he had really quit drinking, was committed to remaining alcohol-free, and I was able to prove that to the Hearing Officer. If that describes you, then I can get you back on the road, guaranteed.