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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If your Michigan driver's license has been revoked due to multiple drunk driving offenses, you may be eligible to apply for license reinstatement under certain circumstances.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.

What is DAAD/DLAD?

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.

What Will I Need for My DAAD Hearing?

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
What to Expect at the Hearing?

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.

One Hearing per Year

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.

How We can Help

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.

Client Reviews
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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.