DUI License Hearings

If your Michigan driver's license has been revoked due to multiple drunk driving offenses, you may be eligible to apply for license reinstatement under certain circumstances. However, it is critical that you meet all the requirements and are fully prepared before requesting a license restoration hearing, as you are only allowed to have one restoration hearing per 12-month period.

The Driver Assessment and Appeal Division (DAAD), sometimes referred to as the Driver's License Appeal Division (DLAD), is the department of the Michigan Secretary of State's office responsible for processing license restoration requests. These cases are presented to an administrative law judge, who will preside over the hearing, listen to the evidence you present, and then make a decision as to whether to give you back your license.

To be eligible for a driver license restoration (DLR) hearing, you must wait for the underlying revocation period to expire. Within about 30-60 days prior to this expiration, you must submit documentation to the DAAD requesting a license restoration hearing. Before requesting this hearing, you will need to complete a substance use evaluation with a qualified professional. This evaluation will be presented to the DAAD hearing officer at or before your hearing. Best practices suggest waiting to request a hearing until after you have obtained a favorable substance use assessment.

The rules applicable to driver license restoration hearings suggest that the hearing officers are required to begin with the presumption that because you are a repeat offender, you do in fact have a substance use disorder. Your job is to present clear and convincing evidence to "rebut" the presumption. Clear and convincing evidence is a very high standard, and unlike a criminal case where the state has the burden of proof, you have the burden of proof at a DLR hearing. At the DAAD hearing, you will need to provide documented evidence of long-term sobriety in several forms. These include:

• A substance abuse evaluation from a qualified professional that is no more than three months old
• Results of a 12-panel drug test
• A minimum of three notarized reference letters
• Proof of your participation in a structured substance abuse support group
• A final report of the ignition interlock device if you were required to install one

It is important to understand that at the DAAD hearing, the burden of proof is on you. The hearing officer will start with the presumption that you an addict and that you are not going to obtain a license. It is up to you to provide clear and convincing evidence that your drug or alcohol problem is under control and that you are of minimal risk for another DUI offense.

The DAAD will only grant you one license restoration hearing per 12-month period. This means that if you request a hearing and fail to have your license restored, you will not be able to drive or even have another shot at license restoration for another full year. Therefore, it is critical that you are fully prepared for your hearing and have all the necessary documentation in place.

At the Barone Defense Firm, we handle several dozens of these cases each year. Ryan Ramsayer, one of our senior associates, was recruited to work as an administrative law judge. Part of the reason he was recruited is that he is well known for his expertise in these matters. Furthermore, a former Barone Defense Firm associate, Andrew Kowalkowski, is currently an administrative law judge, and a former friend, colleague and officemate, Michael Modelski, is also an administrative law judge hearing these matters. No other law firm in Michigan has these credentials. We know the law, and we know how to win. Call us for your free no obligation case review.