In my role as a Michigan driver’s license restoration lawyer, I written every article this blog, which is by far the best and most comprehensive resource for information about every facet of the license appeal and clearance process on the internet. One thing that I have to bring up regularly, just to keep in squarely within view, is that you must have quit drinking in order to win your license back. While I guarantee to win every case I take, I do not take every case that comes my way, and will only accept cases for people who genuinely do not drink anymore. I get endless emails from people who tell me how much they need a license and how long they’ve gone without one, but when I ask how long they’ve been sober, things suddenly go quiet. In this familiar-themed article, I want to make clear, once again, that you must have completely severed your relationship with alcohol as a pre-condition to winning a driver’s license clearance or restoration case filed with the Michigan Secretary of State’s Administrative Hearing Section (AHS).
Look, I’m in business to make money, not turn away people who are willing to hire me. However, I do have a conscience AND a guarantee, so I simply cannot and will not take on a case that cannot win. Sobriety is a non-negotiable requirement to win your license back. I was speaking with another lawyer recently about this, and he kind of laughed in agreement and said that once, when he asked a guy if he was sober, the reply was something like, “Yep. I only drink beer now.” Among other things, over 27 years as a lawyer has taught me that many people simply don’t understand that an important part of what sobriety means is that you have completely stopped drinking. For its part, the Michigan Secretary of State (SOS) has drawn a line in the sand regarding license restoration and clearance appeals; only people who have quit drinking for good can win. Period. The state knows that, whatever people will say about how they are “different” now when it comes to drinking, and despite all the commitments and promises they make to never drink and drive again, those who no longer drink alcohol are exactly zero risk for a repeat performance. That’s the safest bet, and the only one the state will make. It’s that simple.
At least to me. And the Secretary of State. Part of the problem here is that everybody needs a license, so when some of them go online and find something like this blog or my website, see that I guarantee to win every case I take, they think, “Eureka!” It’s human nature, I suppose, for someone to focus more on how tough things have been without a license and how long they haven’t had one, than anything else. It’s perfectly understandable that a person will believe, in his or her heart of hearts, that no matter what, they’ll never drive drunk again. Under the main rule (Rule 13) governing license appeals, however, a person has to prove that he or she has been completely abstinent from alcohol for a sufficient period of time (in the rule, this is stated as the person’s alcohol problem being “under control“). The Secretary of State’s AHS hearing officers are given rather wide discretion in determining how much abstinence is enough (i.s., “sufficient”). More important, the second part of the rule requires that a person prove that his or her alcohol problem is “likely to remain under control,” which means that he or she has the commitment and the tools to remain alcohol-free for good, and otherwise seems like a safe enough bet to not drink again. This is really the “meat and potatoes” of the license appeal process – proving that a person will never drink again.