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Michigan Driver License Restoration Lawyer

In Michigan, individuals with multiple drinking and driving convictions may find themselves facing license revocation, making the road to reinstatement a challenging journey. The key to reclaiming driving privileges often lies in a successful driver's license restoration hearing.

Circumstances Requiring a License Restoration Hearing:

A license restoration hearing is necessary if your driver's license has been revoked. Usually this is due to multiple DUI drinking and driving offenses.

If you can demonstrate your strong dedication to rehabilitation, you have a high probability of successfully regaining your driver's license in Michigan.

Michigan law mandates a minimum revocation period before you can ask for a restoration hearing. This period increases with subsequent offenses. Those seeking reinstatement must demonstrate significant commitment to sobriety and rehabilitation.

Burden of Proof and Standard:

During a license restoration hearing, the burden of proof rests squarely on the petitioner's shoulders. The standard of proof required is "clear and convincing evidence." This level is surpassed only by the criminal law standard of "beyond a reasonable doubt."

This demanding standard underscores the seriousness of the petitioner's obligation to convince the hearing officer of their sustained sobriety. You must also show your alcohol or substance abuse problems are taken care of and a commitment to responsible driving.

What the Petitioner Must Prove: To meet the burden of proof, the petitioner must convincingly demonstrate several key elements, including:

  1. Sobriety and Rehabilitation: Providing evidence of sustained sobriety and a commitment to a substance-free lifestyle since the last DUI incident.
  2. Substance Abuse Evaluation: Submitting a comprehensive substance use evaluation conducted by a qualified professional, assessing the petitioner's status and risk of relapse.
  3. Letters of Support: Collecting letters from friends, family, employers, or other relevant individuals attesting to the petitioner's commitment to sobriety and responsible behavior.
  4. Treatment Documentation: Furnishing proof of any completed or ongoing substance abuse treatment programs, counseling, or support groups.
  5. Urine Screen: Demonstrating that you are alcohol and drug free.
Measures to Collect Evidence:

To build a strong case for your license appeal, petitioners should proactively gather the necessary evidence. Starting well in advance of the restoration hearing helps too. This may involve maintaining regular contact with support groups and attending counseling sessions. Also, you should make sure that all relevant documents are up to date.

What Are My Chances of Driver’s License Restoration in Michigan?

You are very likely to win your driver’s license reinstatement case in Michigan. But only if you can meet the necessary standard of proof.

The license reinstatement lawyers at the Barone Defense Firm have a very high success rate. One of our lawyer specializes in all things related to your driver’s license including driver’s license restoration. He's so good that a few years ago he was recruited by the Secretary of State to be a Judge to hear these matters.

Another former associate of the Barone Defense Firm is now a Judge in the Royal Oak District Court. Before that, he was a license hearing officer for the Secretary of State. Clearly the license restoration attorneys at the Barone Defense Firm are recognized leaders in this specialized area of law.

How Long Does a Driver’s License Restoration Case Take to Complete?

It sometimes takes many months to collect all your evidence. Once you file your petition, however, it usually takes about 3-4 months to get your driver’s license restored.

The first step is to maintain sobriety for a minimum of one year. The next step is to hire a lawyer. After that, you'll want to start collecting your letters of recommendation. Then, set up a substance use evaluation and a urine screen.

When Are You First Eligible to Apply for Your License?

For a second DUI offense within 7 years, you’ll need to wait a minimum of one full year before you can file your petition. For a third DUI within 10 years, you may have to wait 5 years.

After you retain us, we'll obtain an official and complete driving record. From our review we can determine the date and nature of your prior offenses. This allows us to pinpoint your eligibility date.

The thing that keeps most people from being able to apply for license restoration is that they have not been sober long enough. Another is that they can't prove the requisite period of sobriety. You will want to discuss these issues with your lawyer before you hire them.

We won't accept you as a client if we don't think your eligible to get your license back.

The License Restoration Hearing:

As you approach the culmination of the driver's license restoration process and secure a hearing date, the pivotal moment arrives to present your case before the hearing officer. To regain your license successfully, you must persuasively demonstrate the following four crucial points:

  1. Control Over Alcohol or Substance Abuse: Convey that your issues with alcohol or substance abuse are effectively managed and poised to remain under control.
  2. Low or Minimal Risk of DUI Recurrence: Establish convincingly that you present a low or minimal risk of engaging in drinking and driving again, emphasizing a transformed and responsible attitude towards alcohol consumption.
  3. Ability and Motivation for Safe Driving: Demonstrate your capability and motivation to drive safely and within the confines of the law, assuring the hearing officer of your commitment to responsible driving practices.

The Michigan Secretary of State appoints various hearing officers across the state, each conducting hearings in their unique manner. We have tons of experience and have interacted with every hearing officer. This means we are well equipped for success.

Our knowledge and familiarity with their individual approaches empower us to tailor your preparation. We will match your case to the nuances of each hearing officer's expectations. This maximizes your chances of a favorable outcome.

Conclusion:

Navigating the license restoration process in Michigan demands meticulous preparation, a deep commitment to sobriety, and a thorough understanding of the legal requirements.

Seeking legal representation and diligently collecting compelling evidence are crucial steps. Following them will lead to a successful license restoration hearing. We offer hope for individuals seeking to regain their driving privileges and move forward on the path to recovery.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
★★★★★
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.
★★★★★
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.
★★★★★
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.