Driver’s License Restoration
Enforcing your rights and privileges as a Michigan driver The right to operate a motor vehicle is one of the most widely exercised privileges among Michigan citizens. We are constantly relying on our cars and trucks to get us between home and work, transport our children between school and activities, and to run errands. It is easy to take this right for granted until you are facing a situation where your ability to drive or hold a license is in jeopardy. If you have been charged with driving under the influence (DUI), your day-to-day life can change drastically. If you find yourself in this situation, an experienced attorney can help safeguard or restore your driving privileges. Barrix Law Firm has more than 20 years of experience helping Michigan drivers, and we can help you, too. Under what circumstances could I lose my driving privileges? Under Michigan law, a driver can lose driving privileges for a number of reasons, many of which pertain to alcohol- and drug-related offenses:
DUI ― Michigan’s anti-drunk and -drugged driving laws provide for a mandatory driver license suspension if you are convicted of DUI. Depending on the severity of your charge, this suspension can last for six months to a year, although in most circumstances you are eligible to receive a restricted driver license a month or two into the suspension. For repeat offenders, the law imposes stricter terms of suspension and potential revocation of your right to possess a driver license.
Refusing to take a chemical test ― Apart from the penalties accompanying a DUI or related charge, under Michigan’s Implied Consent Law, drivers may also face a license suspension by refusing to take law enforcement’s chemical test designed to identify the presence and level of drugs or alcohol in one’s system. This suspension can run from one to two years, depending on prior history.
Commercial driver license (CDL) holders ― If you hold a CDL, and have been found to be driving under the influence of even small amounts of drugs or alcohol, you will face suspension or denial and revocation. In addition to the offenses involving controlled or illegal substances, there are non-alcohol-related offenses with penalties that may include a driver license suspension:
Juvenile offenses ― When undertaken by minors, certain activities may result in a license suspension, such as transporting or possessing alcohol in a vehicle or attempting to purchase alcohol with a fraudulent form of identification.
Felony offenses ― When a vehicle is involved in certain felonies, a driver faces potential license suspension; for the most serious felonies, such as manslaughter, negligent homicide, or murder, license denial or revocation can be imposed.
Failure to appear ― If you have received a traffic citation and failed to appear in court, or you failed to comply with an official court order, your license could be suspended. Helping restore your driver license privileges following suspension If your driving privileges have been suspended or your driver license revoked, having it reinstated as soon as you are eligible can be an important step in getting your day-to-day life back on track. The process of reinstatement is not automatic and may involve the submission of complicated documentation and a hearing. Furthermore, reinstatement fees apply. Our defense attorneys have been helping clients through this process for decades and we can help you too. Getting you on your feet and back into your vehicle. Life can change drastically after you lose your driver license; not having the ability to drive can impact your job and family.
Michigan’s License Restoration Process Has Gotten Easier
Michigan like many other states has enacted very tough drunk driving laws. One consequence of drunk driving has been the total loss of your ability to drive in the Michigan or to obtain a license in any state if you have been convicted of two drinking driving offenses within seven years or three offenses within ten years.
Currently Michigan law provides that if convicted of two Drunk Driving offenses your license shall be revoked for a minimum period of 1 year.
First, you are not eligible to have your driver’s license reinstated until you show that you have a minimum period of abstinence of 6 or 12 months depending on certain facts of your DUI history. This sobriety must be ongoing and without relapse. This mean zero amounts alcohol for any reason.
Second, you must prove by clear and convincing evidence that all of your substance abuse issues are under control and likely to remain under control. This means you must maintain abstinence from all substances including Marijuana. You can only use prescription drugs only as prescribed.
Third you must show that you are a minimal risk of repeating the act of drunk driving.
Fourth and finally you must show that you are motivated to operate within the laws of the State of Michigan.
If the State determines you met your burden, a license to drive can be issued, often with restrictions. However, if you are denied Michigan has now granted the Circuit Court the ability to override the Michigan Secretary of State and grant restrictions. This has expanded the power of the Circuit Court.
Barrix Law Firm has been helping drivers since 1993 get their driver license restored. We have appeared in front of every administrative judge for the Secretary of State (S.O.S.). We will help you prepare all of your evidence including your testimony before the Administrative law judge.
Our Guarantee – If we do not successfully help you regain your right to drive in full during the first hearing, we will then do the second hearing for free!
We are directly linked to the Secretary of State office to help you apply faster and get a hearing date. For more information contact us.