Michigan Criminal Defense Lawyer Blog
As Michigan driver’s license restoration lawyers, we have to correct a lot of misconceptions people have about the license appeal process. In the previous article, we saw how being legally eligible to file a license reinstatement case doesn’t translate to actually being able to win it. In this article, we’ll look at the broader concept of “misinformation,” some of which comes from people in AA. While it is a great recovery program, some of the things said there are wildly inaccurate, particularly with respect to license appeals.
Let’s begin with AA in general: some people think that you need to be in AA to win a driver’s license restoration of clearance appeal. That’s 100% dead wrong. You do not need to be in AA to win license appeal case. My team and I guarantee to win every case we take, and most of our clients are NOT in AA. Unfortunately, there are even some lawyers who push this kind of misinformation. Of course, even having gone to a few meetings in the past can be helpful, but it’s rarely necessary.
Recently, we were retained to handle an ignition interlock violation by an existing client for whom we had previously won a restricted license. He is active in AA. As we were gathering information about his violation, he told us that a fellow AA member had told him that when he (the fellow AA member) went for a violation hearing, he was also granted his full license on the spot. This person told our client he should ask for the same. Of course, we had to tell our client that it doesn’t work that way, and then explain why.
For all the explanation necessary to clarify this, the fault really lies within the law itself. As written, the Michigan Secretary of State’s rules allow a person to file a license appeal after either a 1 or 5 year revocation. A revocation is either for 1 year, after 2 DUI’s within 7 years, or for 5 years, after 3 DUI’s within 10 years. The rules also require a minimum of 1 year of abstinence from alcohol (and/or drugs), and allow the hearing officer to require an even longer period of “clean time” before issuing a license.
The simple truth is that nobody needs a criminal or DUI lawyer because things are going particularly well. In addition, it can be a bit intimidating to call a lawyer. Personally, I HATE having to call people who are in any “hard sell” profession, like insurance or real-estate agents, or anyone who offers “free information” or a “no obligation” consultation that I know will result in a sales pitch. I fear that once any of these “sharks” get my phone number, they’ll hound me forever. Unfortunately some lawyers can be like that, too.
By putting our money where our mouths are, we eliminate the risk of anyone taking a “chance” on hiring us to win back his or her license. The deal is that you pay us once, and we get you back on the road, period. I have pointed out before that, although our guarantee is not the industry standard for license restoration cases, it really should be. To me, the lack of a guarantee makes no sense whatsoever, and is like paying the money to a dentist for the “chance” to have your teeth cleaned.
It is an indisputable fact that people who do not drink alcohol pose zero risk to drive drunk. Moreover, the Michigan Secretary of State’s rules require the hearing officer deciding the case to NOT grant the appeal unless the person presents“clear and convincing” evidence that they have been alcohol-free for a sufficient period of time, and that they are a safe bet to never drink again. The person filing the appeal carries the burden of proving these things, not just saying them.
Under Michigan law, a person who has lost his or her driver’s license as the result of multiple DUI’s is automatically and completely disqualified from winning a restoration appeal if he or she has consumed any alcohol whatsoever in the past 6 months. That, however, is completely misleading, because, as a practical matter, there is simply NO WAY to win a case if a person has consumed any within last 18 months, and even that’s not enough in many cases. More sober time is always better.
Some of these life changes come naturally, and some things are learned through counseling, treatment, or even AA. For example, people who go to AA or counseling are told early on to avoid drinking situations and those who are drinkers (“avoid wet faces and wet places”). Implementing all of this results in a sudden change in who a recovering person hangs around with, where they go, and what they do for fun. Getting sober necessarily requires replacing old habits with new habits.
Remember, the 2 things that every person in a driver’s license restoration or clearance case must prove, by what the law defines as “clear and convincing evidence,” is first, that his or her alcohol problem is “under control,” meaning he or she has been alcohol free for a legally “sufficient” period of time, and second, that it is “likely to remain under control,” meaning the person has both the commitment and ability to remain alcohol free for life.
This has necessitated a radical change in the way my team and I will do things in our office, as well. First and foremost, we’ll still GUARANTEE to win every first time license restoration and clearance case we take. That said, I have always preferred face-to-face meetings with clients, and live, in-person license appeal hearings, but the whole coronavirus situation requires us to put that on ice, at least for a while, until this situation passes.