Too many drinking and driving convictions within a certain time frame will result in the loss of your driver’s license.
It can be frustrating and difficult to get the license back once it’s lost.
To get your license back you must attend a driver’s license restoration hearing. The hearing is held at a Secretary of State office. A hearing officer will listen to evidence and make the decision on whether the license will be restored to the driver.
The driver must prove to the secretary of State that he or she is sober and will maintain sobriety.
How can an attorney help a driver win back a driver’s license? There are several ways that an attorney can help you.
First, your attorney will help organize and complete the initial documentation for the hearing. The Secretary of State requires the driver to present certain documentation related to sobriety. Technical mistakes in the presentation of this documentation can lead to problems, and unrepresented drivers find their appeals denied because of inconsistent or incomplete paperwork – an avoidable mistake.
Second, your attorney will help prepare you for the hearing. The driver needs to overcome a steep hurdle to obtain the license. This means being ready to answer the hearing officer’s questions and being able to speak well on the necessary topics. Effective presentation at the hearing requires effective preparation before the hearing.
And third, your attorney will make a record in the event an appeal to the circuit court is necessary.
If you lose your hearing, you may appeal that decision to the circuit court. Some hearing officers will deny drivers a license for arbitrary or unfair reasons. When this happens, you don’t need to just accept this loss. You can file an appeal in circuit court and argue to a judge why the hearing officer wrongly denied you a license. This will be an avenue to getting a license.
To win on appeal, it is necessary that the attorney make a record at the Secretary of State hearing on why the driver should receive a license. This means the attorney presents all the necessary evidence to protect you down the road from an unfair ruling by a hearing officer.
Get Started by looking the Secretary of State’s Website on Driver’s License Restoration Hearings.
Here is a PDF of the Request for a Hearing Application to get an idea of the forms involved.
Sam Bernstein is an attorney in Ann Arbor practicing driver’s license restoration.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.
Read More: How to Get Your Driver’s Licence Back
Read More: A Collection of Driver’s License Restoration Resources