In our capacity as Michigan driver’s license restoration lawyers, we get a ton of calls and emails from people who tell us how much they need their license back ASAP. We never doubt how important it is for anyone to be able to drive again, but that need has nothing to do with actually being able to win a restoration case sooner, rather than later. In this article, we’re going look at when, as in how soon, a person can file a license appeal and actually win back his or her driving privileges. To keep things manageable, we’re going to divide our discussion into 2 installments.
By law, a person who has been revoked for 2 DUI’s within 7 years becomes legally eligible to file an appeal is 1 year after the start of his or her revocation. In reality, however, that’s way too early to have any chance at winning. Our firm generally requires someone to have been completely abstinent from alcohol (and drugs, including recreational marijuana) for AT LEAST 18 months before we’ll ever consider filing a case, in part, because he or she must prove what is called “voluntary abstinence.” Despite its critical importance, this is one of the least understood and most overlooked elements of license appeals.
It would certainly help if the Michigan Secretary of State either edited its rules to clarify what is required to win a license appeal case, or, in some way, at least explained what we’re about to go over in the following paragraphs. Under Michigan law, a person convicted of multiple DUI’s (either 2 within 7 years, or 3 within 5 years) will have his or her license revoked for life. This does not mean that they can never get it back, but rather that it won’t be returned unless and until he or she files – and wins – a formal driver’s license restoration appeal.