License Restoration After Multiple OWI or DUI Convictions in Michigan
Restoring your Michigan driver’s license after multiple OWI (Operating While Intoxicated) or DUI (Driving Under the Influence)convictions can feel overwhelming, but it is possible with the right approach and legal support. This article outlines the steps, requirements, and strategies for getting your license back, even if you have a history of multiple alcohol-related offenses.
Understanding License Revocation After Multiple OWI or DUI Convictions
In Michigan, the Secretary of State (SOS) automatically revokes your license if you have:
• Two OWI/DUI convictions within 7 years, or
• Three OWI/DUI convictions within 10 years.
License revocation is not the same as suspension—it means your driving privileges are permanently canceled, and you must formally apply for driver’s license restoration through the SOS Administrative Hearings Section (AHS).
Steps to Restore Your License After Multiple OWIs or DUIs
1. Demonstrate Long-Term Sobriety
Michigan’s license restoration process heavily focuses on proving that you’ve achieved and maintained long-term sobriety. This includes:
• Avoiding alcohol or drugs entirely for at least one year (longer is better).
• Providing consistent, clean drug and alcohol test results to verify abstinence.
2. Undergo a Substance Abuse Evaluation (SAE)
A licensed evaluator must assess your substance use history and current sobriety. The evaluation will include:
• Your treatment history (e.g., counseling, rehab, or AA/NA participation).
• Evidence of lifestyle changes that reduce the risk of relapse.
3. Gather Letters of Reference
You’ll need 3-6 letters of support from people who can vouch for your sobriety and character. These individuals might include:
• Friends or family members.
• Employers or colleagues.
• Sober support group leaders (e.g., AA sponsors).
Each letter should be signed, notarized, and include specific details about your commitment to sobriety.
4. Request a Driver’s License Restoration Hearing
To begin the formal reinstatement process, file for a hearing with the Michigan Administrative Hearings Section (AHS). The hearing officer will review your case to determine whether you’ve demonstrated “clear and convincing evidence” of sobriety and readiness to drive responsibly.
What to Expect at the Secretary of State Hearing
During the hearing, the officer will evaluate:
1. Your Sobriety Evidence: Are your test results, evaluation, and reference letters credible?
2. Risk of Relapse: Have you made lasting changes to avoid repeating past behaviors?
3. Driving Record: Are there any recent violations or incidents of concern?
The hearing officer will likely ask questions about:
• Your daily routine and how you’ve adjusted to life without driving.
• Specific strategies you use to maintain sobriety.
• Any triggers that led to past offenses and how you’ve mitigated them.
An experienced attorney can help you prepare for these questions and ensure you present your case effectively.
What Happens If You’re Approved?
If the hearing officer approves your reinstatement:
1. You may be granted a restricted license requiring a Breath Alcohol Ignition Interlock Device (BAIID) in your vehicle.
2. Full driving privileges are usually reinstated after demonstrating compliance with BAIID requirements for a minimum of one year, but they can sometimes be reinstated immediately.
What Happens If You’re Denied?
If your restoration request is denied:
1. You must generally wait one year to reapply.
2. You have the option to appeal the denial to Circuit Court, though success rates are higher with proper preparation for the AHS hearing.
Challenges with Multiple OWI/DUI Convictions
1. Meeting Strict Sobriety Standards
After multiple convictions, the state may require evidence of sobriety over several years. A relapse can damage your chances, but an experienced attorney can help with this.
2. BAIID Violations
If you’ve had a Breath Alcohol Ignition Interlock Device (BAIID) in the past, any violations (e.g., failed tests, missed retests) can complicate your restoration process.
3. Presenting Credible Evidence
A weak or poorly documented case—such as vague letters of support or an incomplete substance abuse evaluation—can lead to denial. An attorney experienced in restoring your Michigan driver’s license can ensure your documents will withstand the Secretary of State’s scrutiny.
How an Attorney Can Help Restore Your License
Navigating the complex restoration process is difficult, especially after multiple OWI or DUI convictions. A skilled attorney can:
• Help gather and organize the required documents (SAE, letters, and test results).
• Prepare you for the AHS hearing, including coaching you on how to respond to questions.
• Address any past BAIID violations or other issues in your driving record.
• File and argue a Circuit Court appeal if your request is denied.
Key Takeaways
Restoring your Michigan driver’s license after multiple OWI or DUI convictions requires careful preparation and credible evidence of long-term sobriety. By following the right steps and working with an experienced attorney, you can significantly increase your chances of success.
Need Help Restoring Your Michigan Driver’s License?
At Triton Legal PLC, we specialize in helping individuals with multiple OWI or DUI convictions regain their driving privileges. From substance abuse evaluations to Secretary of State hearings, we provide comprehensive guidance at every stage of the restoration process.
Contact us today to schedule a consultation and take the first step toward getting back on the road.