Driver’s License Restoration After An OWI Revocation
If your driver’s license has been revoked due to a conviction for operating while intoxicated, the Michigan Secretary of State will not automatically reinstate your license. If you have been convicted of two OWI-related charges within seven years, then the Michigan Secretary of State will revoke your license.
You must go through a legal process known as driver’s license restoration to get your license reinstated. This process involves petitioning the Secretary of State to be allowed back on the road and proving to an administrative judge that you meet all the requirements for reinstatement. If you have had two or more convictions in the past seven years, then it is critical to follow this procedure to restore your driving privileges.
The Driver’s License Restoration Process
If you are looking to get your driver’s license reinstated after revocation due to multiple OWI convictions, you will need to submit a number of documents. These include a substance abuse assessment that is no older than 3 months, three to six letters of support from people who can vouch for your sobriety, and written evidence of your attendance at Addiction Anonymous (AA) or Narcotics Anonymous (NA). Make sure all these items are included when you submit your petition to the Secretary of State.
Once the documents have been submitted, you can file for a hearing with the Office of the Secretary of State. Your driver’s license restoration hearing will be conducted live, primarily through videoconferencing, in front of an administrative judge. You are expected to appear in person, either alone or accompanied by a lawyer.
At the hearing, you must show that you have gone at least one year without using any drugs or alcohol and explain why you believe it will remain that way. You must be able to convince the judge (hearing officer) that restoring your driving privileges will not pose a danger to others. Drug tests or proof of counselling may be required to successfully get your license back.
The Role Of The Hearing Officer
When it comes to restoring or clearing your Michigan driver’s license, all appeals are handled by a hearing officer. This officer is an attorney employed by the Secretary of State’s Office of Hearings and Administrative Oversight in the role of an administrative judge. Their role is essential as they are responsible for making decisions about license-related violations such as implied consent and ignition interlock issues. Having experienced legal representation on your side can make a huge difference in the outcome of your appeal.
If you’re looking to restore your driver’s license, you must prove to this hearing officer that you are no longer a high-risk driver. To do this takes an effective and organized plan. Having the right attorney on your side can make all the difference in getting your license restored. With their help, you can create a strategy that increases your chances of successfully regaining driving privileges.
What If I’m Denied At My Restoration Hearing?
If your license has been denied at a restoration hearing by the hearing judge, you will need to wait for a full year before reapplying. Alternatively, you can try to challenge the decision of the hearing judge by appealing to the relevant Circuit Court. The State of Michigan is usually represented at these hearings by the Attorney General’s Office, which tends to back up any denials made by the hearing officers.
If your license was denied at a restoration hearing, you cannot usually supplement the information presented at that hearing or appeal the decision by retrying your case. Appeals to the Circuit Court can potentially lead to an overturning of the hearing officer’s decision and a reinstatement of your license. Still, it’s best to focus on presenting a compelling argument at the initial hearing rather than relying on an appeal as there is often only a limited window of time to file one. In most cases, denial of license restoration means having to wait for one year before reapplying.
You Have One Opportunity To Make Your Case
The stakes are high when your driving privileges are on the line. It is critical to choose the right attorney to prepare you and represent you in the license restoration process. Jesse Williams and his legal team are well-versed in Michigan law on driver’s license restoration and how to present a documented and compelling argument for reinstating your driving privileges.
At 231-735-8575, we don’t shy away from driver’s license reinstatement cases because we fully understand the impact not having a driver’s license can have on a person’s life. We handle cases in northern Michigan and statewide. Call our Traverse City law firm at 231-735-8575 or contact us online to schedule a free initial consultation.