Getting your Michigan license restored while living in another state outside Michigan

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?

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.

There are some benefits to the administrative review. Clearly, 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.

The bottom-line is that you should hire a Michigan lawyer to assist you prepare for the administrative review, deciding 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.

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