Driver’s License Restoration Frequently Asked Questions

How long is my license revoked for?

If you have been convicted of a second OWI DUI within seven years your license will be revoked for a minimum of 1 year. If you have been convicted of a third OWI DUI within 10 years, your license will be revoked for a minimum of 5 years. In both of these situations, you must appeal to (have a hearing with) the Michigan Office of Hearings and Administrative Oversight (OAHO) in order to get your license back.

What do I have to prove at the hearing?

You must prove by clear and convincing evidence that you are sober and intend to remain sober for the rest of your life. No drugs, no alcohol, ever.

How long do I have to be sober for?

The minimum requirement is one year.

Will I lose my first driver’s license restoration hearing?

No! This is a myth. Many clients call thinking that they will lose their first driver’s license restoration hearing. This is absolutely not true. If you are properly prepared and have all of your documentation in order, there is no reason for you to lose your first license restoration hearing. This is why it is extremely important to work with an experienced driver’s license restoration attorney. If you apply on your own or with an inexperienced attorney, and you lose, you will have to wait a year before trying again and you make your case even harder to win in the future as the SOS will use whatever happened at your previous hearing against you.

Do I have to go to AA to win a driver’s license restoration hearing?

No. AA or other forms of substance abuse treatment is not a requirement in order to win a license restoration hearing. Attending AA or individual counseling or some other form of substance abuse treatment is incredibly helpful but it is not required.

Do I have to have an interlock device if I win my driver’s license restoration hearing?

It depends! Generally speaking, yes, if you are a current resident of Michigan you will likely be required to have a Breath Alcoholic Ignition Interlock Device (BAIID/Blow & Go) in your vehicle for a minimum of one year. After that you can petition for an unrestricted/full driver’s license. If you are an individual who lives out of state and are requesting a clearance of your license so you can apply for a license in another state, then no you will not have to have an interlock device in your vehicle. The SOS can only grant a full license or deny a clearance to an out-of-state resident looking for a clearance. We have been successful in obtaining full licenses for clients who are residents of the state of Michigan who were able to skip the restricted license step. Generally speaking, these individuals had 10+ years of sobriety with no relapses. However, every situation is different. If you question whether you would potentially be granted a full license or a license with an interlock device, give us a call today and we can discuss your personal case. Every call is confidential.

How long does it take to get my license back once I start the process?

It depends! Once we have all of the required paperwork together, it generally takes 4-6 weeks to obtain a hearing with SOS.

Where do I have to go for my hearing?

You do not physically have to go anywhere. The hearings are held via Microsoft Teams (remotely by video).

If you have questions about a driver’s license restoration for yourself or a loved one, please do not hesitate to contact our office. We are happy to provide a free confidential consultation to discuss your options.

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