Michigan Driver’s License Restoration and Appeals

Written By Matthew Boucher

In Michigan, driving is a privilege, not a right. Losing your driving privileges is a huge burden on your ability to provide and support for your loved ones. The statutes, rules, regulations and paperwork are overwhelming and confusing. The odds are against reinstatement of driving privileges, which is why you should have an experienced and knowledgeable driver's license restoration and appeal attorney standing by your side helping you every step of the way.

Our firm knows the law, the legal obstacles and burdens of proof, the hearing officers, the required evidence, and how to present it. Clear and convincing evidence is required to win on your license appeal. Clear and convincing evidence that you have been sober (possibly up to one year) and clear and convincing evidence that you are likely to remain sober and have any substance abuse issues under control. Clear and convincing evidence is a very high legal standard and should not be taken lightly when preparing for your appeal hearing.

General Steps in your Driver’s License Restoration Appeal

  • Preparing an Appeal: We will first review and explain the process for getting your driving privileges restored; 

  • We will gather all information about your driving history, criminal history, personal background, substance abuse history, treatment history, and why you deserve to get your driving privileges restored;

  • We will review your affidavit for your appeal and character letters gathered as evidence of sobriety, and suggest additions as necessary to your proofs;

  • We will set you up with a substance abuse counselor so that an evaluation may be compiled and include treatment recommendations, if necessary;

  • We will ensure you get scheduled for a drug and alcohol screen that is mandatory prior to filing;

  • We will file your driver’s license appeal hearing request through the Department;

  • We will conduct mock trials prior to your hearing date to ensure your facts and evidence are fresh on your mind, as well as to ensure your hearing runs smoothly; and

  • We will work with you to ensure your evidence and testimony is sufficient and consistent so that the hearing officer will grant your appeal and reinstate your driving privileges.

There is no direct fee to the Secretary of State for the actual driver's license appeal. However, there will be a fee for a substance abuse evaluation and full panel screen prior to your hearing. Our firm has extensive experience with evaluators in your area that will prepare appropriate and thorough evaluations necessary for being successful on your appeal. These evaluations and full panel screens are generally about 175.00 to 275.00 dollars. We will also work with you on legal fees to ensure you can get started on your appeal right away. A driver’s license appeal does take time to prepare and file so the sooner we get started, the sooner we can get you back on the road.

Once you have been successful in your appeal you will receive an order outlining your driving privileges. If your appeal is denied you have an absolute right to appeal that hearing officer’s decision to the circuit court in the county you reside. This can happen if a hearing officer simply abuses their discretion. Our firm has a flawless record when it comes to getting our clients back on the road.

Other Types of Driver’s License Actions and Appeals 

  • Implied Consent Suspension:

    • If you unreasonably refuse to submit to a chemical test (blood, breath or urine) during an arrest for drunk driving your license will automatically be suspended for one year on a first offense. You must file a request for a hearing within 14 days to the Michigan Secretary of State for the alleged refusal. 

  • Hardship Appeals:

    • Some driver license suspensions are eligible for hardship appeals. Appealing a decision based on a defective decision, or based on a hardship appeal, requires a thorough examination by an attorney. If deadlines are missed, or you file inappropriately, you may be waiving your rights that would allow you to get your driving privileges reinstated. 

  • Interlock Ignition Violations:

    • If you have violated, the SOS will automatically reinstate your previous driver's license revocation without a hearing, and send you notice in the mail. As of that point, you are no longer allowed to drive on the interlock device. You must appeal that decision to the hearing officer. Our driver's license attorneys have been successful in appealing these interlock ignition violations to the Secretary of State and the circuit court.

Call BOUCHER LAW, PLLC for a free consultation, and we will help you determine if and when you are eligible to file your driver’s license restoration appeal and what you need to do to be successful at your first hearing.

We serve clients all over the State of Michigan, including the counties of Arenac, Bay, Clare, Genesee, Gladwin, Huron, Iosco, Isabella, Midland, Ogemaw, Oscoda, Roscommon, Saginaw and Tuscola.

***This web site and article is for informational purposes only and is intended to give you, the viewer, information about the type of services provided by Boucher Law, PLLC. This is not intended as nor should this web site or article be used as legal advice. Your case should be specifically reviewed by an attorney. Contacting Boucher Law, PLLC does not create an attorney-client relationship. An attorney-client relationship can only be created by an express written agreement with Boucher Law, PLLC. ***

Matthew Boucher