If your license has been revoked, you may be able to take steps toward its reinstatement today. Even if you’re facing a lifetime license revocation after multiple drunk driving convictions, you can still apply for a license reinstatement, but it’s not an easy process. For this reason, you may want to consider retaining the services of an experienced Lansing DUI lawyer who can help you win your case.
You Have To Wait For One Or Five Years Before Reinstating Your License
In most cases, people’s driver’s licenses get revoked after a court judges them to be a habitual alcohol or drug offender after several OWI/DUI convictions. Depending on how many OWI/DUI convictions you have on your record, you must wait either one or five years after your last conviction before applying for your license’s reinstatement.
If you have two OWI/DUI convictions within a seven-year period, or three convictions within a 10-year period, your license will be revoked for life. In either case, you may apply for reinstatement one year after your conviction, with one exception. You will have to wait five years before requesting reinstatement if your license was revoked within the seven years preceding the current revocation.
You Have To Pass A Sobriety Evaluation To Get Your License Reinstated
Once the minimum waiting period is over, you can submit a written application for reinstatement to the Michigan Department of State’s Administrative Hearings Section (AHS), formerly known as the Driver Assessment and Appeal Division (DAAD). Your hearing will be scheduled only once you have submitted to a sobriety evaluation with AHS.
For your sobriety evaluation to succeed, you will need to show that:
- Your alcohol or substance abuse problems are in control now and will remain so in the future.
- You present a low or minimal risk of driving under the influence of alcohol or drugs again.
- You have the motivation and ability to drive safely and legally.
- You have abstained from alcohol and drugs during the six months preceding your evaluation.
You may be required to demonstrate that you’ve been abstinent for a full year if your case involves any of the following:
- You drove with a BAC of .16 or higher.
- You’ve had three or more convictions for alcohol or drug offenses.
- You’ve had a relapse while trying to quit alcohol or drugs.
- You’ve been diagnosed with alcohol or drug dependency.
- Any other evidence that shows you are a habitual offender
You Need Three Notarized Letters Stating that You Are Sober Or Clean
Once you pass the substance abuse evaluation, you have three months to schedule your AHS hearing. You must bring three to six notarized letters that present detailed and specific information about your abstinence from alcohol and drugs at home, at work and in social settings. For example, you could get letters from your spouse, your boss or colleague, and a friend.
In addition, you should bring as much evidence as possible that shows that you deserve to get your driver’s license back. You can bring proof that you are enrolled in a treatment program, for example. In any case, you’ll need to present all of this evidence in a way that is credible and persuasive.
How A Lansing DUI Lawyer Can Help
If successful, your hearing officer will grant you either a full reinstatement of your driver’s license or give you a restricted driver’s license that allows you to drive only to and from work, for example. If your request for reinstatement gets denied, you’ll have to wait another year before applying again. You can also appeal, but you can only appeal based on a legal issue, not an issue of fact.
Your attorney can help you collect enough evidence that shows that you are sober and safe to drive. And at the AHS hearing, your attorney can use their advocacy skills to persuade the administrative officer to grant the reinstatement of your license. With an experienced criminal defense lawyer by your side, not only will you have a greater chance of obtaining a reinstatement, but you’ll also have a less stressful experience.
At DeBruin Law, PLLC, our goal is to help the citizens of Lansing, Michigan, successfully navigate the criminal justice system. If you hire us to work on your OWI case, we can counsel you on the collateral consequences of a conviction, such as the revocation of your license. If you want help with an OWI charge or the reinstatement of your license, you can call us today at 517-731-0353 for a free and confidential consultation of your case.