As a Michigan Driver's License Restoration Lawyer who has published over 120 articles on just about every imaginable aspect of the License Appeal process, I have certainly done my part to emphasize that Sobriety is a first and necessary requirement in order to win Reinstatement of a Michigan Driver's License, or the Clearance of a Michigan "Hold" on someone's Driving Record for those whose License has been Revoked for multiple DUI's.
However, while Sobriety is a "first requirement" in a License Appeal case, it is, by itself, far from enough to win. There is much more to it than that.
Within the body of the Driver's License Restoration section of this blog, I have covered the steps in a License Restoration case. Many of those articles involve multiple installments. This article will be far more summary in nature, and will address the misconception that all you need to win a License Appeal is to prove Sobriety.
In fact, a fairly common question I'm asked is "how do you prove Sobriety?" That very question demonstrates that the way one wins a License Appeal is far from obvious, and certainly not as simple as losing the privilege to drive in the first place.
Being Sober is a first requirement in a License Appeal in the same way that having a racket is a first requirement to play tennis. Having a racket doesn't mean you know anything about playing the game, other than you have to hit the ball. As it turns out, I don't know the first thing about tennis, never took lessons, and could not play the game for the life of me. I do have a racket, though, which I used to paddle the ball back and forth off of a brick wall when I was younger. I am about as ready to play tennis with a good, veteran player as someone who is "Sober" is ready to undertake a Driver's License Reinstatement case before a Hearing Officer who knows the many rules and requirements of these Appeals like the back of his or her hand.
In order to Restore a Michigan Driver's License, or to win a "Clearance," a person must be able to make all the proofs necessary under DAAD Rule 13, which is the Law that controls and governs these Appeals. Reduced to its most basic elements, Rule 13 requires that a Hearing Officer Deny a License Appeal unless the person seeking Restoration proves, by what's called "Clear and Convincing Evidence," two main things:
1. That their alcohol problem is under control, and,Proving the second issue is the more difficult task, as it essentially requires the Hearing Officer to be convinced that a person is a safe bet to never drink again.
2. That their alcohol problem is likely to remain under control.