In order to win a Michigan driver’s license restoration or clearance case, you have prove that you haven’t had a drink for a legally “sufficient” period of time, and that you have ability and commitment to remain alcohol-free for good. What’s “legally sufficient” will vary from case to case, and we’ll explore that within this article, along with why the first and most important question my office asks any caller is “when is the last time you consumed any alcohol?”
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.
The key to winning a license appeal is showing that you have been alcohol-free for that “sufficient” period of time (we generally require at least 18 months’ of sobriety before filing) and that you are a safe bet to never drink again. To the Michigan Secretary of State, anyone convicted of multiple DUI’s is considered too risky to let drive again, until and unless he or she can show they have given up alcohol for good. This means proving one’s self genuinely sober.