I had my license revoked for a non-alcohol charge. What do I need to do in order to get my license back?
You will need to go to the court for the county where the ticket was received and pay any outstanding fines and costs. Bring the clearance forms for the paid tickets and the Application for Driver License Reinstatement (form BDVR-162, available at: www.michigan.gov/sos/) to a Secretary of State office and pay the Reinstatement Fees. You will also need to pay the Driver Responsibility Fees as assessed by the Michigan Department of Treasury. You may be eligible for an Installment Agreement for these fees. You can access the application at: www.michigan.gov/driverresponsibility/.
I had my license revoked for alcohol/drug related charges. How long do I need to wait before I can get my license restored?
Per MCL 257.303(4), you are only eligible to reapply for license restoration after the expiration of one year following a first revocation, and after the expiration of five years for a subsequent revocation within seven years of a prior revocation. There is no guarantee that the license will be returned after the minimum period of revocation.
How do I start the process to get my license back after an alcohol/drug related charge? What do I need to do first?
The first step is to obtain a valid substance abuse evaluation and follow any recommendations of the evaluator. After you have followed the recommendations and have received a good prognosis for continuing sobriety, you must request a hearing (form DAAD-10) from the Michigan Department of State Driver Assessment and Appeal Division. It is necessary to submit a current substance abuse evaluation (form DAAD-66) filled out by a substance abuse counselor that is dated no later than three months prior to the submission of this request. Documentation that is also necessary for submission at the hearing includes, but is not limited to, the following:
- Three to five community support letters
- Documentary evidence of attendance at support meetings
You can obtain a hearing request form, a substance abuse evaluation form and instructions at www.michigan.gov/sos/. Substance abuse counselors can be found in your local yellow pages.
I was granted a hearing. What happens next?
You will need to appear at the hearing location on your assigned day and time. If you are unable to be in court on that day, you may be able to request an adjournment. Adjournments must requested 48 hours in advance and not all adjournments will be granted. Per MCL 257.303 and 257.322, it is the responsibility of the petitioner to provide “clear and convincing” proof of sobriety and that the petitioner’s substance abuse problem will remain under control. If you are granted a restricted driver license, you will be required to install an ignition interlock device on your vehicle (MCL 257.322). After one year, you may request a full license. You will need to provide an updated substance abuse evaluation and proof of sobriety.
What happens if I am denied a license at my hearing? How long do I have to wait before I can have another hearing?
You may appeal to circuit court. Appeals to circuit court must be filed within 63 days of the date of the original order. If you do not appeal, you will need to wait another full year before re-applying for your license. You are only entitled to one hearing per year.
For more information:
Secretary of State of Michigan
Michigan Compiled Laws
Michigan Drunk Driving Law and Practice, 4th Edition
Driver License Appeal Practice Manual, 2005
Information courtesy of the Law Offices of Frederick J. Taylor
The information presented here is not intended to be a substitute for legal advice or representation. You should talk with an attorney if you have any questions about how this information applies to your own problem or facts.