Losing your driving privileges in Michigan can be a significant hurdle, affecting your ability to work, care for family, and manage daily responsibilities. Whether your license was suspended or revoked, understanding the restoration process is crucial. Here’s a guide to help you navigate the path to reinstating your driver’s license in Michigan.
Understanding Suspension vs. Revocation
Suspension is a temporary loss of driving privileges for a specific period. Common reasons include:
- Accumulating too many points on your driving record
- Failing to pay fines or child support
- First-time offenses like Operating While Intoxicated (OWI)
After the suspension period ends, you can typically reinstate your license by paying a $125 fee without having to have a hearing.
Revocation, on the other hand, is a more severe penalty, often resulting from:
- Multiple OWI convictions
- Habitual traffic offenses
- Serious criminal offenses involving a vehicle
Revocation means your license is canceled, and you must go through a formal restoration process to regain driving privileges, such as a hearing with the SOS Office of Hearings and Administrative Oversight.
Steps to Restore a Revoked License
- Obtain Your Driving Record: Start by reviewing your driving record to understand the specific reasons for revocation and any outstanding issues.
- Demonstrate Sobriety: If your revocation was due to substance abuse, you must show at least one year of sobriety. This includes:
- Abstaining from alcohol and drugs
- Participating in support groups like Alcoholics Anonymous (AA)
- Providing documentation or testimony supporting your sobriety.
- Request a Hearing: Apply for a hearing with the Michigan Department of State’s Office of Hearings and Administrative Oversight (OHAO) through the Driver Appeal Integrated System (DAIS).
- Prepare for the Hearing: Gather evidence to present at your hearing, such as:
- Letters of support from family, friends, or employers
- Proof of participation in rehabilitation programs
- Documentation of any counseling or therapy sessions
- Documentation required by SOS, such as the 257 Form, Substance Use Evaluation, and a 12-panel drug screen.
- Attend the Hearing: Present your case to the hearing officer, demonstrating your commitment to safe and responsible driving.
- Await the Decision: After the hearing, you’ll receive a decision. If approved, you may be granted a restricted license with conditions like installing an ignition interlock device.
Appealing a Denial
If your restoration request is denied, you have the option to appeal to the Circuit Court in the County where you reside. This must be done within 63 days of the OHAO’s decision. The court will review your case and may overturn the decision if it finds:
- The decision violated constitutional rights
- The decision was beyond the authority of the Secretary of State
- The decision was not supported by substantial evidence
Support Resources
Michigan offers resources to assist individuals in the restoration process:
- Road to Restoration Clinics: These free clinics provide guidance on restoring driving privileges, including one-on-one consultations with Department of State staff and volunteer attorneys. This option does not include representation at your hearing.
- Attorney Assistance: Consider consulting with a driver’s license restoration attorney experienced in the license restoration to navigate the complex process effectively.
Conclusion
Restoring your driver’s license in Michigan requires diligence, preparation, sobriety, and a commitment to demonstrating responsible behavior. By understanding the process and utilizing available resources, you can take the necessary steps toward regaining your driving privileges and restoring your independence. If you have questions about your specific case, please contact our office today for a free, confidential consultation to discuss your options.