Q & A: Driver's license Restoration in Michigan

Q: Three years ago, I had a DUI in Michigan. It was a second offense for me, and my license was suspended, I think indefinitely. Can I get my license restored?

A: Probably. It depends on when the most recent conviction was and when you're able to apply.

Michigan controls the driving privilege through its Secretary of State. The Secretary of State will automatically suspend licenses for drivers who have two or more alcohol-related convictions.

First, you will need a copy of your driving record from any Secretary of State office (it was $8 the last time I checked). An attorney can help you review the record to see when you are eligible to apply for having your license re-instated. The record will clearly state the reason you were revoked/denied, and when the application can be made.

The second step is to start talking with people who know you to see if they are willing to submit a letter with your application, showing why your driving privilege should be restored. These are treated like character witnesses in your application, and the secretary of state treats them very seriously. They are referred to as "community proof of sobriety" in the application, so I suggest you take them seriously as well. It's best if you have at least 6 of these letters, and they will need to be signed, dated, and notarized. I prefer if the authors of the letters are people who have known the petitioner for many years, and have seen the progress from "drinking was a problem" for the petitioner, to "it is no longer a problem" for the petitioner.

You will also need to schedule a substance abuse evaluation and have a drug and alcohol screen done. This is further proof to the secretary of state that your behavior will not cause a concern when or if your driving privilege is restored.

Important note: Here's the thing: none of the materials in your application can be more than 90 days older than the date on which you submit the application. So that means that if you submit the application on August 1, nothing in the packet can be dated before May 3 (which is 90 days before August 1). So pay attention to how much time it is taking for the evaluation, and for friends to write their letters.

Have your attorney send his or her contact information to the evaluation center, and to your friends, so they can send the material directly to the attorney. Your attorney should review the materials with you before submitting to the secretary of state.

There is no charge for submitting the application.

Next, the secretary of state will respond with a hearing date. If you are an out-of-state applicant, there is no requirement that a hearing be scheduled. Again, your attorney will get notification of the date and get in touch with you. It's best for the attorney to prepare with you before the hearing, as the hearing officer will ask you a lot of questions as to why you were suspended/revoked, and how you have changed your life since then. If you are not able to satisfy the hearing officer that your behavior does not pose a threat to other drivers, you might not succeed at the hearing.

Do not expect a decision at the hearing. Although it is possible for a hearing officer to restore full driving privileges at the hearing, it does not happen very often.

The hearing officer will eventually issue a decision that either restores full privilege, restores a partial privilege (like using an interlock device for a year), or continues the suspension.

Implied Consent law: Kansas Supreme Court overturns implied consent (alcohol testing) refusals

An Implied Consent law means that when you as a driver obtain the privilege to drive, you also "impliedly consent" to being tested for alcohol use while you are driving. If you refuse to be tested - say you are pulled over and an officer requests you "blow" for a roadside breath test, you will have violated that "implied consent" and face a fine, or restriction of your driving privilege, or both, depending on the State.

In Kansas, however, the supreme court has struck down the violations, on the basis that they violate a driver's right to unlawful search and seizure under the Fourth Amendments to the Constitution.

Article here (via reason hit & run blog).

From the article - with my commentary in italics:

In the absence of consent or a special justification, searches (of a person or their property) generally require a warrant. That is why every state has an "implied consent" law saying that drivers, in exchange for the "privilege" of operating motor vehicles on public roads, agree to be tested should they be arrested for DUI. If they refuse to cooperate with alcohol testing, they can lose their licenses through an administrative process. Kansas is (or was) one of 13 states that also treat test refusal as a crime.(Michigan does not treat it as a crime, it's an administrative loss of driving privilege. In Michigan, your license will be suspended by the Secretary of State, and you will face that for one-two years, even if you are never convicted of the underlying charge of DUI/drunk driving.)

The Wednesday before Thanksgivng is one of the biggest "bar nights" of the year.

Since the Wednesday before Thanksgiving is one of the biggest "bar nights" of the year, here is a review of drunk driving law in Michigan. Don't take risks that could be avoided!

If you're thinking about going out for a night of drinking, and then getting behind the wheel, here are some things to consider.

Michigan law regards any BAC (blood alcohol content) above .08 percent as "impaired" driving, for a driver who is over age 21. Of drivers under age 21, any BAC at .02 percent or above is considered impaired (also known as "zero tolerance" of impaired driving for underage drivers). Also, it's illegal to drive under the influence of any amount of cocaine or a Schedule 1 controlled substance in your body. (For more information about Schedule 1 drugs, see section 7212 of the Michigan Public Health Code; MCL 333.7212.)

If you're impaired (between .08 - .16 percent BAC) and this is a first offense**, fines and penalties will be:

• Up to $500 fine
• Up to 93 days in jail
• Up to 360 hours of community service
• Up to 180 days license suspension
• 6 points on a driver's license. 
• There's also the possibility you'll be required to use an ignition interlock device.
• A reinstatement fee of $125 if your driver's license was suspended, revoked, or restricted. (More information at MSP and Michigan SOS).
• This doesn't include lost time at work, lost wages from attending court, meetings with your attorney, time spent doing all the required community service, paying your attorney, and so on.  

Michigan has changed its law recently to include a higher BAC  with a higher penalty, also known as the "Super Drunk" law. If your BAC was .17 or higher,and this was a first offense, penalties are:

• Up to $700 fine
• Up to 180 days in jail
• Up to 360 hours of community service
• Up to one year license suspension
• 6 points on a driver's license
• Mandatory completion of an alcohol treatment program
• Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver's license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.
• A reinstatement fee of $125 if your driver's license was suspended, revoked, or restricted. (More information at MSP and Michigan SOS

Michigan "ratchets up" fines and penalties when it's a second or third offense, with a third offense being a felony. And penalties go up if there's a death or serious injury. Also, refusing to take a chemical test to test your BAC results in a license suspension. But if you're still in the car, and not arrested yet, the PBT (preliminary breath test) and other roadside sobriety tests can be refused. Related article from my blog here. 

If you already have gotten arrested for drunk driving, it's essential that you hire an attorney who can defend you in court. A good defense attorney can perhaps get results of your BAC test thrown out, suppress incriminating statements you may have made, or perhaps throw out the traffic stop altogether. 

Want to calculate your potential BAC? Try this website.  Keep in mind that what you ate, how long ago it was, how close together your drinks were, how much you weigh, and how often you drink are all factors that can affect your BAC.

** And there are no fatalities or serious bodily injury. Different fines apply for drivers with a CDL endorsement as well.