Driver’s License Restoration
The inability to drive can prevent them from meeting their personal obligations and negatively impact their ability to support themselves or their family. Having to rely on friends and family members for transportation, or public transit can incredibly difficult.
Under section 303 of the Michigan Vehicle Code [MCL 257.303] certain combinations of alcohol and/or drug-related convictions lead to a presumption that a person is a “habitual offender.” The law requires the Secretary of State to revoke that person’s driver license. The law also requires the Secretary of State to deny a license for that person until he or she meets certain conditions.
Operators who receive a combination of two alcohol convictions within seven years, or any combination of three alcohol convictions within ten years, are presumed to be habitual alcohol violators.
A first driver license revocation is for a minimum of 1 year. A subsequent revocation is for a minimum of 5 years, if it comes within 7 years of a previous revocation.
After the minimum period of revocation is over, the person may apply for a hearing to be considered for a driver license. The results of a substance abuse evaluation and drug screen are required before the hearing will be scheduled with the Driver Assessment and Appeal Division (DAAD). It is important to hire a competent, experienced attorney to make sure that you are properly satisfying all of the requirements of the Secretary of State to obtain a hearing date.
In addition to the substance abuse evaluation required, the attorneys at McGinnis Chiappelli Spresser P.C. will provide direction on what other evidence will be most beneficial to assist the DAAD hearing officer in making a decision about your unique case. You only have one chance for a successful result at your hearing so it is imperative you are working with an attorney that knows the intricacies of the Appeal Division and the hearing officers. At McGinnis Chiappelli Spresser P.C., you will be counseled on the best way to present evidence of your sobriety, through things like letters and documentation of abstinence and sobriety, as well as proof of involvement in a treatment program.
McGinnis Chiappelli Spresser P.C., is based in Troy, Michigan. We represent clients throughout Southeast Michigan, including within Oakland County MI, Macomb County MI, Wayne County MI, Livingston County MI, Lapeer County MI and in the cities of Auburn Hills, Berkley, Birmingham, Bloomfield, Bloomfield Hills, Canton, Detroit, Farmington Hills, Ferndale, Grosse Pointe, Hazel Park, Huntington Woods, Livonia, Madison Heights, Northville, Novi, Oak Park, Plymouth, Pontiac, Redford, Royal Oak, Rochester Hills, Southfield, South Lyon, Troy and West Bloomfield.
Answering legal questions is a complex matter and every case is different. The material contained in this website is for informational purposes only and may not be related to the specific facts of your case. This is not legal advice. You should consult with an attorney for legal advice that pertains to your particular issues.