Drivers License Restoration

Michigan’s “Implied Consent” law requires that a person must take a breath or blood test when asked by a police officer. If a person refuses this test then their license is suspended for one year. Once the officer determines there was a refusal he/she will provide the suspected drunk driver with a temporary paper driving permit that states the person refused the test. You must send in a portion of the permit to the Secretary of State within 14 days to contest the officer's determination that the test was refused. Failure to send in the form within 14 days will result in an automatic one-year suspension.

If a hearing is requested, the facts are limited to four questions: 1) Whether the peace officer had reasonable grounds to believe that you committed a crime described in MCL 257.625c(1); 2) Whether you were placed under arrest for a crime described in MCL 257.625c(1); 3) If you refused to submit to a chemical test upon the request of the officer, whether the refusal was reasonable, and 4) Whether you were advised of your rights under MCL 257.625a. If the hearing officer determines one of the four issues was violated, no suspension will occur. If the hearing officer finds there was a refusal, a one-year suspension will be imposed. Restricted license privileges can be sought with the Circuit Court in some instances. Michael P. Manley has extensive experience in implied consent hearing as well as Circuit Court license restoration hearings.

Two drunk driving offenses within 7 years will result in a mandatory license revocation of one year. Three drunk driving offenses within 10 years will result in a mandatory license revocation of five years. Neither revocation provides for restricted driving privileges.

Driving privileges are not automatically restored at the end of the revocation period. In order to restore your driver's license, you must present a petition to the Driver License Appeal Division (DLAD) and a hearing will be scheduled to evaluate your evidence that:

• you no longer have problems with alcohol or substance abuse
• you are no longer at risk or are at low risk of repeating your abusive behavior
• you are no longer at risk or are at low risk regarding drunk driving
• you are able to and will drive safely, abiding by the law

If your petition is denied, you will have to wait one more year before you can request another hearing before the DLAD. You may appeal the hearing officer’s decision with the Circuit Court.

Seeking legal advice and assistance for driver’s license restoration can be instrumental in how quickly your license is restored or whether it is restored at all. It’s well worth hiring an experienced attorney who knows how the DLAD operates, what evidence is required, ensures all the proper paperwork is in order, and takes all the necessary steps to restore your license.