Detroit Drunk Driving DUI Lawyer & Attorney
Serving Detroit, Metro Detroit and Southeastern Michigan
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Michigan Driver License Appeal Board (DAAD) Lawyer and Attorney
Going through a Driver License Appeal (DAAD Hearing) is the most difficult thing you will ever do. You need an experienced attorney to guide you if you want to win.If You are Convicted twice within 7 Years, You Will Lose Your Privilege to Drive.
In Michigan, if you are convicted of a 2nd DUI or Driving Under the Influence of Drugs offense within 7 years of the first conviction, you will face an automatic one-year revocation of you driver’s license. In order to have your driving privileges restored you must request a hearing with the Secretary of State's Driver Assessment and Appeal Division (DAAD). The rules that prevail in these hearings, however, are not like a criminal matter, but the opposite. In this hearing, the burden of proof is on you to prove that your substance abuse problem is under control and you will not drink and drive again.In a criminal case, such as a conviction for DUI, the prosecutor must prove their case beyond a reasonable doubt that you committed the crime. In a DAAD hearing the opposite is true. In a DAAD hearing, you have the burden of proof and the examiner will start out with the presumption that he or she will not restore your license. While the burden of proof is not as high as "beyond a reasonable doubt", it is the next highest standard known as "clear and convincing". The reason for this is because a DUI is a criminal case and a driver license restoration case is an administrative hearing.In Michigan, your license is presumed to be revoked for life and you merely have the right to have a hearing annually.In Order to Prevail
In order to win at an appeal hearing you must prove two things. First, that your substance abuse or drinking problem is under control and will remain under control, and second, that you will not drink and drive again. There are several things required to prove this.
How to Prevail
- First, You must have a substance abuse evaluation that is properly prepared. It will be important that the therapist who completes the evaluation have complete information about you, the treatment you have undertaken, your sobriety date, any relapses, and your number of alcohol related offenses.
- Second, you must show a minimum of either six or twelve months of complete abstinence from alcohol and drugs. Along with the substance abuse evaluation there must be a 10 panel drug screen and a copy of the testing instrument. The evaluation must give an appropriate diagnosis and prognosis, and must state in no uncertain terms that you are a low risk for similar conduct if your license is restored.
- Third, You must also have 3 - 5 reference letters from friends, co-workers, family, clergy, support group members and other individuals in the community who know you well. These letters should indicate how the person knows you, your history of substance abuse, your abstinence date, how you interact with this person without drinking, and any other relevant information.
- Finally, you will testify at the hearing. You will need to present evidence that you are attending some sort of support group such as AA. Examiners will expect you to know the 12 steps and may ask you to recite them. They will also expect you to be able to say how you apply the 12 steps to your own life and how is helps reinforces your sobriety.
Remember, when you come to the hearing, you have already lost. It is your job to change the examiners mind, so you must thoroughly prepare. Before you send in your application to the appeal board you must make sure that it is consistent. Your reference letters and the evaluation must be persuasive. Inconsistent dates in the application or in your reference letters will doom you to failure. Your person conducting the evaluation must have the proper credentials. Reference letters must include the date when you first abstained from alcohol. And all documentation must be signed and dated.Common reasons for losing include inconsistent dates in the substance abuse evaluation when compared with the letters, or in the letters themselves, letters that are not dated, letters that do not include a specific date for sobriety, or substance abuse evaluations that are not signed, do not contain a complete history, or are written by inappropriately qualified individuals.Many individuals think they can do this without an attorney, but remember, if you fail, the reasons you failed will be examined the next time you appeal, so it is important to do things right the first time. So everything you present must be consistent, but it also must be consistent with the information submitted for prior hearings. The more times you have a hearing, the more the more information is available to be used against you, and that will make each new hearing even more difficult. And remember, if you fail, you will have to wait an entire year before applying again. Another important thing to consider is that if you were on probation for the year immediately prior to applying for a hearing, the hearing officer will figure the only reason you abstained is that you were being tested and not because you really had your substance abuse problem under control.If You Win
If you win your hearing then you will most like be required to have an ignition interlock for one year and you will only be given a restricted license. After one year, generally the interlock will be removed, but your license will be restricted. You must then request and receive another hearing to restore your full driving privileges. If you no longer live in the State of Michigan, because this state cannot require another state to issue a restricted license, the hearing is even more difficult.What Happens if You Don't Win?If You Lose
If you don't win hearing you will have to wait another year because you're only allowed one hearing per year. You could also appeal the decision to your Circuit Court, however, this Court will only rule on abuse of discretion, again, another high burden imposed on you to prove if you are to win your case.Selecting an experience attorney to help you through this process is very important. Having represented several clients, the Law Office of James G. Schmier, PLLC, can help you prepare, recommend experienced professionals to conduct alcohol or controlled substance abuse evaluations and assessments, review your application for inconsistencies, and make sure you have the best chance possible to regain your privilege to drive.
The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:
St. Clair Shores
St. Clair CountyPort Huron
Washtenaw CountyAnn Arbor
Oakland CountyAuburn Hills
Wayne CountyAllen Park
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
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The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742