To keep this subject at the top of the heap, I find it necessary to regularly write and post about the “no drinking” requirement to win a Michigan driver’s license restoration or clearance case. An email that recently came into our office illustrates why this is so, and to help make my point in this article, I’ll reprint it below. However, before we get to that, let’s first go over what a person must do – and prove – to win a license appeal.
Under Michigan law, the only way a person who has had his or her license revoked for multiple DUI’s can get it back is by filing and then winning a formal driver’s license restoration appeal with the Michigan Secretary of State after he or she becomes eligible. To succeed, a person must prove 2 things, by what the law defines as clear and convincing evidence: First, that his or her alcohol problem is “under control,” and, second, that it is “likely to remain under control.” Let’s look at what that actually means:
In the context of a license appeal, a drinking problem is considered “under control” when a person has been completely abstinent from alcohol for a legally sufficient period of time. In our office, we generally require at least 18 months of sober time before we’ll move forward with a license reinstatement case. An alcohol problem is considered “likely to remain under control” when a person can demonstrate both the ability and the commitment to remain alcohol-free (and drug-free) for life.