What Is License Restoration?

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What Is License Restoration?

Based on changes made to the Michigan drunk driving statutes in October 1999, the Secretary of State was given total power and authority over the administration of driver license sanctions for almost all alcohol related traffic offenses. According to this statutory scheme, the first offender loses his/her license for a period of either 90 days for an OWI or 180 days for an OUIL. At the expiration of this period the driver need only go to his/her local Secretary of State Branch Office, pay a fee and apply for a new license. Provided there are no other impediments, the offender will then receive his/her license with full driving privileges The same is not true for the repeat offenderanyone with a prior drunkdriving related traffic offense within either seven or ten yearsdepending on the circumstances. The second repeat offense carries a mandatory license revocation of a minimum oneyear period, and the third repeat offense carries a mandatory license revocation of five years. Approximately ten days after the Secretary of State receives notice of the conviction, the driver is notified by mail of the "to/from" dates, i.e., when the revocation starts and ends. At the end of this period the driver may not seek a new license at the Branch Office, but instead must file a petition with the Secretary of State's main office in Lansing. A hearing is then scheduled with the Driver License Appeal Division (DLAD). The "Petitioner" (person who qualifies for a hearing) then appears at this hearing and attempts to convince the hearing officer to return his/her driver license. If the Petitioner is not successful, he/she may not petition the DLAD again until the expiration of one year after the determination is first made.

Other Michigan Drunk Driving Defense FAQs

Q: Can The Officer Pull Me Over For No Good Reason, Ie. At Random?
A: No. The stop must be justified by probable cause or a reasonable suspicion that criminal activity was afoot. Usually, the officer will base the stop on a violation of … More
Q: If I Am Involved In An Accident Which Is Clearly Not My Fault, Can The Officer Arrest Me For Drunk Driving?
A: Yes, assuming you are intoxicated in excess of the legal limit. The law requires you to stop and contact the police if you are involved in an accident. When the … More
Q: Do I Have To Answer Questions About Where I Have Been And Whether I Have Been Drinking?
A: No. You are NOT required to answer any questions about where you have been and whether you have been drinking. You are required to identify yourself if requested by … More
Q: Do You Have To Be Drunk To Be Guilty Of Drunk Driving?
A: No. Years ago, a drunk driving charge meant someone was "drunk" in the way all of us commonly understand. But today, intoxication as we know it is not required for one … More
Q: Legally, What Is Drunk Driving?
A: A drunk driving offense, sometimes called operating under the influence of liquor (OUIL) or driving with an unlawful blood alcohol level (UBAL) has several … More
Q: What Amount Of Alcohol Do I Need To Drink To Have A Blood Alcohol Content Of .10 Or Higher?
A: Each person's blood alcohol content from drinking certain amounts of alcohol will vary, depending upon a number of factors. The main factor is your weight. To … More
Q: What Is Required For A Police Officer To Stop Me To Investigate Whether Or Not I Am Driving Under The Influence?
A: The officer must have what is legally termed a "reasonable suspicion," either that you have been in an accident, or based on something unusual that is actually … More
Q: What Happens To Me If I Am Pulled Over By The Police For Investigation Of Drunk Driving?
A: If you are stopped, always be courteous and cooperative with the officer even if you are free of any type of alcohol or drugs, and even if you are certain that your … More
Q: If I'm Stopped By A Police Officer And He Asks Me If I've Been Drinking, What Should I Say?
A: You are not required to answer potentially incriminating questions. A polite "I would like to speak with an attorney before I answer any questions" is a good reply. On … More
Q: What Will Happen If The Officer Who Pulls Me Over Suspects That I Have Been Driving Under The Influence?
A: The officer will ask you to get out of the car and will instruct you to perform a series of "field sobriety tests." These are standard physical ability measures and … More

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