Michigan Criminal Defense Lawyer Blog
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.
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.
In many of my other articles, I examine the fundamental change in a person’s thinking when he or she gets sober. The takeaway from them is that when a person finally does see his or her drinking as a problem, realizes the only way forward is to quit for good, and then does just that, everything about his or her life changes. These changes are profound, and really become the foundation upon which sobriety is built.
In order to win a driver’s license restoration or clearance case, a person must prove 2 things: first, that his or her alcohol problem is “under control,” meaning that he or she has been completely alcohol-free for a “sufficient” period of time (usually no less than 18 months, but longer is better). Second, he or she must prove that their alcohol problem is “likely to remain under control,” meaning that he or she has both the ability and commitment to never drink again.
We really don’t know when things will fully get back to normal, or, for that matter, what that new “normal” will look like. We do know, however, that the way cases are handled is going to be different after this, both in the long and short-term. Even walking into court is going to give some people pause as soon as they approach a door handle and have to touch it, or, once inside, have to use a “public” pen to sign a document.
It’s very important to realize that this is a fluid and evolving situation, and things are changing by the day. The Secretary of States’ interlock instructions, written years ago, advise against using ANY kind of hand sanitizer before starting or while operating the vehicle. Now, with the coronavirus situation, people are finding that it’s very hard to go shopping, even with gloves, and then get into their cars without feeling contaminated, so just about everyone is doing some hand-sanitizing before going anywhere.
In this second part of the article, we’re going to turn our attention to why a DWLR charge is worse than a DWLS charge, both in the courtroom, and, even more important, in the context of being able to get one’s license back later. As we’ll see, a revoked license charge can be a complete deal-killer for a Michigan driver’s license restoration case, and will render a person completely ineligible to even file an appeal for either another 1 or 5 years.
Unfortunately, my team and I have seen plenty of cases where a police officer has written a citation for “DWLS,” even though the person’s license was revoked at the time of the offense. It’s important to make clear that it doesn’t matter what’s written on the citation. Instead, what ultimately happens to a person will be based entirely upon whether his or her license was either suspended, or revoked, at the time of the incident.