Suspension vs. Revocation
It is first helpful to understand the difference between a license suspension and a license revocation. In the state of Michigan, your driver’s license may be suspended on your first DUI conviction or because you refused to take a breathalyzer test. Technically, you still have a driver’s license, but your driving privileges have been suspended.
If you are charged with your second OWI within seven years, however, your license may be revoked. A revocation is equivalent to not having a driver’s license at all. Also, the process for getting a new driver’s license following your revocation is much more burdensome than the first time you got your driver’s license.
For many people, losing their driving privileges is one of the most challenging aspects of their DUI charge. Whether your license has been suspended or revoked, the bottom line is that the reinstatement process is frustrating and complicated. If your driver’s license is at risk of suspension or revocation, don’t wait until your license has already been revoked - contact an experienced Ann Arbor DUI lawyer as soon as possible.Determining Eligibility for Restoration
Whether or not you are eligible for your license to be restored will depend on your driving record.
- This is your second DUI within seven years: you are eligible to request restoration after one year from the date of your conviction. You must also be able to demonstrate at least one year of sobriety and have no charges for driving without a license.
- This is your third DUI within 10 years: The timing of your eligibility will be determined by the date of your last DUI conviction. If your last conviction was within the last seven years, you will have to wait five years before seeking restoration. If it has been more than seven years since your last DUI conviction, you will have to wait only one year. You will also need to demonstrate at least one year of sobriety, and you cannot have been arrested for driving without a license.
This seems straightforward but can be more complicated than you think. An Ann Arbor license restoration lawyer can help you determine whether you are eligible.Restoration Requires a Hearing
Getting your license restored is not a simple process. Restoration is not a matter of completing some forms and paying an administrative fee. Even after you’ve paid your fines or even spent time in jail, you will need to file a formal request for a hearing with the Office of Hearings and Administrative Oversight with the Secretary of State.
Your hearing will be very similar to your trial or any other court hearing - you or an Ann Arbor license restoration lawyer will have to assemble the necessary evidence to demonstrate that you should have your license restored. You or your lawyer must then attend the hearing and persuade the hearing officer that you meet all of the statutory requirements. Once that occurs, your license should be restored. One of the hearing’s central issues will be whether you are likely to drink and drive in the future.
You will also need a substance abuse evaluation prepared by a professional evaluator and the results of a 12-panel urinalysis drug screen.
If you are facing a license revocation due to a DUI do not hesitate to contact an experienced Ann Arbor Criminal Defense law firm. At ArborYpsi law we have the knowledge and expertise to prevent your license from being revocated. Contact us at (734) 883-9584 or through our online contact forms today!