I have written extensively about the requirement that a person be truly sober in order to win a Michigan driver's license restoration or clearance appeal. If you've done your research, you get that. This article will really cut to the heart of the "meat and potatoes" issue in a driver's license appeal case and focus on what the Michigan Secretary of State's DAAD (Driver Assessment and Appeal Division) is really concerned about when it decides a license reinstatement case.
In other articles, I've explained how the substance abuse evaluation is really the foundation of every license appeal. That's why my first meeting with a new client (which takes place before the person has his or her evaluation completed) takes about 3 hours, and is primarily dedicated to making sure he or she is prepared to meet with the evaluator and get a good evaluation. I explain that the evaluation has to be "water tight," meaning that it has to be perfect, or very close to it. There is no room for error here, and anyone who has tried and lost a prior appeal because of some problem with his or her evaluation knows that all too well. An evaluation has to be checked and re-checked before it is filed with the state. It is not up to the evaluator to understand the legal implications of what he or she writes; that's the lawyer's job.
In that sense, the evaluation serves a primary purpose - to provide the hearing officer with a competent clinical assessment of how likely a person is to remain abstinent from alcohol. In a way, it is a kind of "sobriety estimator." The real crux of the evaluation form itself is the "prognosis" section. The prognosis itself is just a checkbox where the evaluator picks on of the 5 choices: Poor, fair, guarded, good or excellent. Beneath the checkbox is a space where the evaluator explains the reasoning behind his or her prognosis. This is extremely important, and a good evaluator can do it in just a few sentences. The evaluators at the clinic I use normally summarize their reasoning in about 2 to 4 lines, within the space provided on the DAAD's substance abuse evaluation form.