Michigan License Restoration

Put an experienced attorney in the driver’s seat.

If your driving privileges have been suspended or revoked, you need the assistance of an experienced attorney to guide you through the complexities of the license restoration process. Edward Duke has over 30 years of experience successfully representing hundreds of clients throughout the license review and appeal process. Whether appearing on your behalf in the circuit court or before the DAAD, he has the knowledge and expertise to significantly increase the likelihood that your driving privileges will be restored.

Licensing Actions
License Revocation
License Restoration
Commercial Driver License (CDL)

Types of Licensing Actions
Licensing actions range from restrictions to revocations. A restricted license allows limited driving privileges as ordered by the court, such as driving only to and from work or school or to an alcohol or drug treatment program. A suspension is for a definite period and carries a “from” and “through” date. When the “through” date is reached, the driver pays the reinstatement fee for re-licensure as long as no additional violations occur during the period of suspension. The most serious action is a revocation, which is the termination of the operator’s license and privilege to operate a motor vehicle. A license can be revoked/denied for multiple drunk driving convictions as well as a single conviction of OWI/OUIL Causing Serious Bodily Injury or Death.


License Revocation
When a license is revoked, it is for a minimum of one year for a first revocation and for a minimum of five years for a subsequent revocation within seven years of a prior revocation. After the minimum period of license revocation, the operator may apply for a hearing before the Driver Assessment and Appeal Division (DAAD) of the Secretary of State for license restoration. Petitioners are eligible for one hearing per year.

An individual requesting a hearing must complete a substance abuse evaluation before a hearing is scheduled. The burden of proof is on the petitioner to show with clear and convincing evidence that he or she does not continue to drink and drive. The hearing officer needs to see evidence that the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control; that the petitioner represents a low or minimal risk of repeating the act of drunk driving; and that the petitioner has the ability and motivation to drive safely and within the law.

Evidence such as letters and documentation of sobriety, proof of involvement with a treatment program or support program, etc., are encouraged to assist the Hearing Officer in making a decision whether to authorize restricted or full driving privileges. Hearing Officers have the final decision-making authority.

License Restoration
In a typical case, an individual who seeks to have his or her license restored after suspension for excessive points, driving while license suspended or multiple accidents may either file a hardship appeal with the circuit court or appeal directly to the Driver Assessment and Appeal Division (DAAD) of the Secretary of State. However, for an individual whose license has been revoked for multiple drunk driving convictions, the only recourse on appeal is to the DAAD.

If your license has been revoked for any reason, you need an attorney with a thorough understanding of the DAAD rules that govern the circumstances under which an operator’s license may be restored. Edward Duke has that understanding, and he will advise you on the options available to get your license reinstated.

There are specific rules that set forth in detail the standards that must be met by an individual who seeks a restricted license after revocation for multiple drunk driving convictions. Mr. Duke has the knowledge and expertise to guide you through the complex process of license reinstatement. With only one hearing allowed each year, it is essential that you approach this opportunity fully prepared. An attorney experienced with the DAAD process can help ensure that a petitioner follows all procedures and has the proper letters, documents and evidence needed.

If your license has been suspended or revoked, your situation is not hopeless. Contact Edward Duke for a free initial consultation to discuss the specific facts of your case.

Commercial Driver License (CDL)
Persons who operate commercial motor vehicles (CMVs) must hold a commercial driver license (CDL). CMV operators are held to a higher standard of care due to the nature of their driving responsibilities. To obtain a CDL, an operator may not have had a license suspension or revocation within 36 months of application or a 6-point offense in any vehicle within 24 months of application. In addition, CMV operators may have their CDLs suspended or revoked for unsafe driving in a commercial motor vehicle. There is no hardship appeal to the DAAD or Circuit Court.

The CDL is dependent upon the operator license. If the underlying operator license is suspended, so is the CDL. However, the CDL may be suspended without affecting the operator license. CDL actions apply only to the CDL but cumulative points may also result in an operator licensing action.

A commercial driver depends on his or her CDL for an income, so protecting driving privileges is very important. In addition to possible incarceration and fine, an individual can have his or her CDL suspended and/or revoked for a variety of drunk driving offenses in Michigan. See Penalties and Punishments for Operating a Commercial Motor Vehicle while Intoxicated for a listing of possible sentencing.

These penalties are severe. It requires an experienced and skilled defense attorney to provide aggressive and effective representation when defending against charges that could result in the loss of one’s livelihood. With the right Michigan attorney, your arrest need not result in a conviction.

If your license has been suspended or revoked, your situation is not hopeless. Contact Edward Duke for a free initial consultation to discuss the specific facts of your case.

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