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Michigan Driver's License Appeals & Restoration

The State of Michigan has some of the harshest driver's license laws in the entire country.  Convictions for certain controlled substance offenses, misdemeanor traffic offenses, felonies involving the use of a motor vehicle, as well as misdemeanor and felony DUI/OWI offenses can subject you to license restrictions or even revocation. However, it is nearly impossible to get around the State of Michigan without a driver's license.  Losing your license is not only upsetting, but it creates perpetual transportation issues and compounds other obligations in your life.  It can also lead to you facing additional legal consequences that result in further expense and the potential loss of your freedom. Whether your license was revoked due to certain convictions, such as too many DUI/OWI convictions, or you have accumulated too many points, we can help.  

 

The most common form of driver's license restoration occurs in the Michigan Secretary of State's Office of Hearings and Administrative Oversight (OHAO). An appeal to the OHAO is the exclusive way to restore driving privileges for those whose licenses have been revoked and denied as a result of multiple DUI/OWI offenses or other serious driving convictions. The requirements of an OHAO appeal are significant.  At a minimum, an petitioner must be able to show at least 12-months of continued sobriety from alcohol and non-prescribed intoxicating substances.  The petitioner must also establish by clear and convincing evidence the following four elements:

  1. Their alcohol or substance abuse problems, if any, are under control and likely to remain under control;

  2. The risk of repeating their past abusive behavior is low or minimal; 

  3. The risk of the petitioner committing another DUI/OWI is low or minimal; and, 

  4. They have the ability and motivation to drive safely within the law. 

Proving these elements at a hearing or through a petition for administrative review requires commitment from the client as well as execution of an established and proven system of success by the lawyer.  We help our clients through this process step by step, assisting in gathering the necessary information, organizing a substance use assessment, and preparing the client to testify at the hearing. Success is only achieved through diligent attention to detail, preparation, and execution. 

We understand the OHAO system, the administrative rules, the law, and the appeal process.  Winning takes more than just preparation and checking boxes.  It requires a lawyer willing to dig into the details of your case and present the best possible argument to get you back on the road.  Invest in your freedom and your future by contacting Spencer M. Bondy and his team.  

Senior Woman Driving

When losing your driver's license is not an option, it is vital that you contact an experienced license attorney.  Spencer M. Bondy and his team have extensive experience representing clients across the State of Michigan in the following driver's license appeal and restoration matters:

  • Habitual Offender Appeals (OHAO Secretary of State DLAD/DAAD Appeals)

  • Petitions for Restoration of Driver's License

  • Administrative Review Petitions for Restoration of Driver's License for former Michigan residents now living out-of-state

  • Restricted Driver's License Violations

  • Interlock Violations

  • Implied Consent Violation Appeals

  • Circuit Court Hardship License Petitions

 

In addition to OHAO appeals, Spencer M. Bondy and his team have helped numerous clients facing the loss of their driver's license for an implied consent violation.  The State of Michigan, like many other states, has adopted an "implied consent law."  Implied consent is a contract created between you and the State of Michigan when you apply for and accept a Michigan driver's license.  Stated generally, this implied consent law requires that anyone who operates a motor vehicle on a highway open to the public is considered to have given their consent for a chemical test (blood, breath, or urine) to determine the amount of alcohol, controlled substance, or other intoxicating substance is in their system when an officer makes an arrest on suspicion of DUI/OWI or a traffic violation resulting in serious injury or death.   A first offense refusal to take a chemical test following such an arrest results in a suspension of your driver's license for 1-year and the addition of 6-points to your license.  An appeal contesting the circumstances of the alleged refusal must be filed with the OHAO no later than 14-days after the refusal.  A hardship license appeal to the Circuit Court is also available if an implied consent appeal is not filed within the 14-day cut-off or if you are not successful at the implied consent hearing. Additional information on Michigan's implied consent laws can be found here.  

Let’s Work Together

Tell us about your Michigan driver's license issue and we will reach out to discuss how we can help you. 

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