• License Suspension

• License Revocation

• License Revoked Due to Multiple Drunk Driving Offenses

• Refusal of the Datamaster

• How to Request a DAAD Hearing

• What to Bring to the DAAD Hearing

• Do I Have to Have a Lawyer at the DAAD Hearing?

• How to Win My DAAD Hearing

• What Happens If I Win My DAAD Hearing?

• What Happens If I Lose My DAAD Hearing?

Revocation is much more serious than suspension. At the end of your revocation period, you have to apply to get your license back. You will not automatically receive it after you pay the reinstatement fee. Instead, you will have to attend a hearing and prove that you deserve to have your driver’s license restored.

License Revoked Due to Multiple Drunk Driving Offenses

A person whose license is revoked due to multiple drunk driving offenses must apply for a hearing before the Driver Assessment and Appeal Division (DAAD – formerly known as the DLAD) for re-licensure. The driver’s eligibility date for a DAAD hearing can be found on his/her driving record.

1. A person with two alcohol related driving offenses within 7 years must wait one full year from the last conviction to be eligible to apply.

2. A person with 3 or more alcohol related driving offenses within 10 years must wait 5 years from their last conviction to be eligible.

3. The Secretary of State rules are very specific with respect to the issuance of a driver’s license. These rules cannot be modified and are set forth in Rule 13

1. If you are arrested for drunk driving in Michigan, you will be required to take a chemical test (i.e., a breath test at the station) to determine your bodily alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test. This law does not apply to “PBT” testing, or roadside testing. Refusing a PBT test is simply a fine up to $150.00 with no driver license sanctions or points. However, persons under age 21 who refuse to take the PBT will receive two points on their driver record.

2. If you refuse a chemical test, a police officer will fill out a “Officer’s Report of Refusal to Submit to a Chemical Test” seen here.

1. Refusal to consent to chemical tests will automatically result in a one year suspension for a first refusal and a two year suspension for a second refusal in seven years. Also, six points will be added to your driving record and your license.

2. A person who wishes to contest the Implied Consent refusal penalties must request a hearing in writing with the Driver License Appeal Division within 14 days of the officer’s notice of refusal. A Request for Hearing can be found here. Failure to request a hearing within 14 days will result in automatic suspension of your driving privileges. If a timely request for hearing is made, the suspension is “stayed” until the matter is resolved at the DAAD hearing.

3. At the hearing, the following four issues will be addressed:

   1. Did the police officer have reasonable grounds to believe you committed the crime of drunk driving or another related offense? (See MCLA 257.625( c ) (1) for the list of other offenses that are included under this section)

   2. Were you placed under arrest for drunk driving (or another drunk-driving related offense listed in MCLA 257.625( c) (1))?

   3. Did you reasonably refuse to submit to the chemical test offered to you by the officer?

   4. Were you advised of your chemical test rights?

4. Whether or not you were actually driving drunk at the time is irrelevant.  Even if you prove in Court that you weren’t, the suspension for refusal will still stand.

1. If the suspension does stand, and you wish not to contest the ruling of the Secretary of State, you will not be allowed to drive for any reason unless restricted driving is allowed by Circuit Court. First offenders can petition Circuit Court for restricted license on the basis of hardship. See MCL 257.323(3). You are simply asking the higher court to give you a permit to drive to and from work. There are no hardship appeals for a restricted license on your second refusal. Appeals have to be made to the Circuit Court for the County in which the petitioner was arrested. They are to be filed within 63 days after the final determination is made (182 days if good cause is shown). The Secretary of State must be notified not less than 20 days before the hearing date. A hardship appeal will require a good substance abuse evaluation.
   

   1. If you wish to contest the ruling of the Secretary of State, you can file a meritorious appeal and ask the Circuit Court to overturn the Secretary of State’s decision completely. Meritorious appeals have to be made to the Circuit Court for the County in which the petitioner was arrested. They have to filed within 63 days after the final determination is made (182 days if good cause is shown). The Secretary of State must be notified not less than 50 days before the hearing date and any supporting documents must be filed at least 50 days prior to the hearing date. The Circuit Court will only review the record prepared. The record includes the transcript, the documentation presented at the hearing, and the hearing officer’s order or the driving record. These documents will be reviewed to determine if the Secretary of State’s determination:

      1. was in violation of State of the Michigan or US Constitution, or

      2. exceeds the statutory authority or jurisdiction, or

      3. was based on unlawful procedure which was materially prejudicial, or

      4. was not supported by the facts, or

      5. was arbitrary, capricious or clearly an abuse of unwarranted exercise of discretion, or

      6. if the decision was affected by substantial and material errors of law

   If you lose your hardship appeal or your meritorious appeal, or if you simply do not take any actions after refusing the Datamaster breath test, your license will be suspended and continue to be suspended for one full year year. This suspension will be in addition to any suspension that results from your drunk driving case. However, to the extent the two suspensions overlap, they will run concurrently.

1. In addition to submitting a substance abuse evaluation, you will need to bring 4-6 community support letters to verify abstinence from alcohol. The same exact sobriety date must be explicitly stated in all letters. The letters must be notarized and must include specific information regarding your history concerning alcohol, past and present. The letters should come from a cross-section of the persons’ life. Consider asking your friends, family members, fellow AA members, teachers, or co-workers to write letters for you. Please read what the actual rule says here. A sample letter can be found here.

2. Additionally, you must bring documentation of participation in a support group, such as AA. You should get the attendance sheet as well as signatures from members of your groups to support your DAAD hearing. An AA sign-in sheet can be found here. Hearing officers like to see consistent involvement in AA, at least twice a week, for at least one year, or involvement in structured and consistent substance abuse counseling. You MUST be familiar with the 12 steps of AA! If you are looking for AA locations near you, please click here.

3. This documentation is necessary to prove by “clear and convincing” evidence that your alcohol problem is under control and likely to remain under control, the likelihood that you will again drink and drive is low or minimal, and that you have the ability and motivation to drive safely and within the law. Rule 13 states that you must prove to the hearing officer that you have not used alcohol for at least 6 months; however, in reality, in order to win your hearing you must prove abstinence from alcohol for at least one full year.

4. This documentation is necessary to prove by “clear and convincing” evidence that your alcohol problem is under control and likely to remain under control, the likelihood that you will again drink and drive is low or minimal, and that you have the ability and motivation to drive safely and within the law. Rule 13 states that you must prove to the hearing officer that you have not used alcohol for at least 6 months; however, in reality, in order to win your hearing you must prove abstinence from alcohol for at least one full year.