Getting your Michigan license restored while living in another state: Does
Michigan have a hold on your license?
If Michigan maintains a hold on your drivers license, your first step is
calling a great Michigan drivers license restoration lawyer.
After a person has received two or more convictions for drunk driving within 7
years, the driver is permanently revoked even though that person may apply
after the eligibility date. Many years might pass before a motorist feels that
he or she is ready to apply for a driver's license. Frequently, people find
that they have moved to another state before deciding to apply for their
Michigan driver's license. Since Michigan maintains a hold on the driver's
license, no other state is authorized to grant a driver's license to the
motorist.
This poses some unique challenges. Do you come back to Michigan for the
hearing? Can you afford the time to travel here? Where do you find a qualified
substance abuse evaluator in your home state?
You may seek to have your driving privileges restored through the mail
If you are no longer a Michigan resident, you may apply for an "administrative
review" to get your driver's license restored. If you opt to submit an
administrative review, you will not have to appear in person. Instead, the
Michigan Secretary of State reviews the documents that you submit along with
its own records to determine whether full driving privileges can be reinstated.
After submitting all of the relevant supporting documentation, you receive a
decision in the mail. If the decision is unfavorable, you can still request an
in-person or video hearing with the Michigan license appeal board. You may only
request one administrative review in any 12 month period.
Michigan just wants its money, right?
NO! That is absolutely not true.
Michigan is one of the hardest states to get your drivers license restored
following repeat alcohol-related convictions. Even if you promise never to
return to Michigan, the Hearing Officer will deny your application if it is
believed that you are still drinking. Out-of-state applications are some of
the most difficult cases in many instances.
For the person who makes a sincere effort to take the steps to restore their
driving privileges, however, there are clearly some benefits to the
administrative review. You get two chances to win back your license, and you do
not need to travel to Michigan for the first determination. The problem,
however, is that drivers tend to carelessly submit requests for administrative
review. The documentation that you submit must provide the hearing officer with
clear and convincing evidence that your substance abuse problem is no longer an
issue, and there is no reasonable likelihood that you will ever drink again. In
connection with those documents, you must also provide a substance abuse
evaluation that comports with the DLAD rules. Many out-of-state evaluations
fail to comply with these requirements.
Hire a Michigan lawyer before you consider an Administrative Review
You should hire a Michigan lawyer to assist you to prepare for the
administrative review. The lawyer can decide whether an administrative review
is appropriate in your case. In many instances, it is more beneficial for the
out-of-state motorist to travel to Michigan for the hearing. But if your case
is an appropriate case for an Administrative Review, you do not want to submit
the wrong information that will become part of the Secretary of State’s
permanent record.
