It seems that no matter how much I write about the importance of sobriety in a Michigan driver's license appeal, some people either miss it, or don't think I really mean it. I have tried, both on my website and in my numerous license restoration blog articles, to make it clear that having truly quit drinking is an absolute prerequisite to winning your license back. This is not talk, nor is it about wanting someone to just say he or she has quit drinking, but rather about someone having actually and honestly quit. If you have made the profound changes to eliminate alcohol from your life, then you know that there is a lot more to this than just saying "I quit drinking."
Here's the deal: The state, meaning the Michigan Secretary of State, revokes the license of anyone who picks up 2 DUI's within 7 years, or 3 DUI's within 10 years. If you get 2 within 7, your license is revoked for at least 1 year, whereas picking up 3 within 10 years will result in a revocation for at least 5 years. These revocations are for the rest of your life, and cannot be appealed in any way for the minimum of (hence the meaning of "at least) of either 1 or 5 years. A formal driver's license restoration or clearance appeal requires filing a substance abuse evaluation and letters of support with the Secretary of State's Driver Assessment and Appeal Division (DAAD) and then attending a hearing where you have to prove to a DAAD hearing officer that you are a safe bet to never drink again.
If you take a few moments to think about this, it makes perfect sense. The state automatically concludes that anyone who racks up 2 DUI's within 7 years, or 3 within 10 years, has a drinking problem that makes them too risky to be allowed to drive. That's part of the whole "habitual offender" designation, and it's not really that far fetched. Lots of people, of course, will try to explain why none of this should apply to them, but the bottom line is that there is a line, and it starts at 2 DUI's in a 7-year period. Michigan's habitual offender laws are designed to take the licenses of repeat DUI offenders and not allow them to drive again until they fix their drinking problem. The state is keenly aware that less than 10% of all people with a drinking problem actually get and stay sober over the long term. Accordingly, "fixing" a drinking problem means quitting drinking forever, and being able to prove you've done it.
The state also know, through endless experience, that almost everyone who loses his or her license for multiple DUI's will come around, sooner or later, claiming that everything is alright and that his or her drinking isn't a problem. The last thing in the world the Secretary of State is going to do is waste its time on someone who argues that he or she is now safely able have a drink every now and then. Instead, the SOS figures that the risk can be completely avoided by not screwing around with a habitual offender who believes that he or she can somehow be trusted to drink "responsibly." To make things clean and clear and safe, the DAAD requires that in order to get a license back, a former habitual offender must prove, by "clear and convincing evidence," that he or she is a safe bet to never drink again and is committed to a lifetime of sobriety. This requirement takes all the risk out of deciding who gets a license back. Removing alcohol from the equation removes the risk from the equation...