Driver's License Appeal Procedure

If you lost your driver’s license because of two or more drunk-driving convictions within 7 years, or three within 10, you will have to appeal to the Michigan Secretary of State to restore your driving privileges. You should retain an attorney for this appeal. If you lose, you must wait at least one more year before you are eligible for another appeal with the Secretary of State.

 

Obtain the Required Documents: 

  • Driving Record – To obtain a copy of your driving record, fill out the form, enclose a check for $9.00, and mail it to Record Lookup Unit with the Michigan Department of State. You will need to provide your Michigan driver’s license number, your full name, and your date of birth.

  • Substance Abuse Evaluation: This evaluation must be in writing and completed by an agency certified with the state.

  • A Laboratory Report with a 10-Panel Urinalysis Drug Screen – This report must include at least two integrity variables such as specific gravity, urine creatinine or pH level. This report is usually completed with the substance abuse assessment.

  • An Ignition Interlock Final Report – If you were previously approved for a restricted license with the ignition interlock device, you must submit the Interlock Ignition Final Report from the interlock vendor.

  • Evidence of Support – Alcoholics Anonymous (AA) sign-in sheets, letters, or other evidence that shows you are attending a formal or informal support group. If you have a sponsor, you should also include a notarized letter from that person.

  • Community Letters – Your sobriety must be confirmed by people close to you who know, observe, and personally attest to your habits regarding the use of alcohol and/or controlled substances. The letters must be signed, dated, and notarized with a complete mailing address and telephone number that can be reached between 8 a.m. – 5 p.m. EST. Letters should be as current as possible and contain the following information about you:

1.     The person’s relationship to you.

2.     How often the person sees you.

3.     How long the person has known you.

4.     The last time the person saw or had knowledge of you drinking or using controlled/substances.

5.     The amount of alcohol or controlled substance the person knows you consumed on the last occasion.

6.     What social activities you participate in involving alcohol or controlled substances.

7.     The person’s knowledge of your past or current involvement in treatment or a support group.

8.     Other information the person believes is important. 

  • Additional Evidence – If you have ever attended a license appeal hearing, please refer to your last hearing order for any additional information you may be required to submit. You may also submit any other evidence you believe is relevant to your case, including the previous opinion and order.

 

Request a Hearing:

To request a hearing, you need to submit the following documentation to the Secretary of State:

  • Form 1, Request for Hearing;

  • Form 2, Substance Abuse Evaluation and 10-panel drug test; and

  • Form 3, Community Letters.

Other Important Information:

You are able to appeal a lost driver’s license only once a year. If you fail to appear for the hearing, you will not be able to schedule another appeal hearing until at least a year later.

Please be advised that, because of a repeal on the Repeat Offender’s Act in 1999, the burden of proof in a driver’s license appeal hearing is on you. It is you, not the Hearing Officer, who must prove to the Hearing Officer why you deserve to have a license again. You must present evidence that is sufficient enough to prove that you are ready to re-gain access to your license. Three types of evidence that you may use to prove your case include the following: 

1.     Proof that your alcohol or substance abuse problems, if any, are thoroughly under your control;

2.     Proof that you are at low or minimal risk of becoming a repeat offender; and/or

3.     Proof that you have the ability and motivation to drive safely and within the law.

 

Your Hearing Officer will require proof that you have remained free from drugs and alcohol, except by a doctor’s orders, for at least 6 months. Proof of sobriety for a year or more is required for individuals who meet any of the following conditions:

1.     Bodily alcohol content (BAC) of two or more times greater than the legal limit at the time of arrest;

2.     Three or more substance abuse related convictions;

3.     Dependent upon drugs or alcohol; or

4.     Prior Order of Revocation or a denial under MCL 257.303.

 

During your hearing, your Hearing Officer may ask you any number of questions, all of which you should be thoroughly prepared to answer. Some of these may include:

1.     To what places do you presently require transportation? (i.e., work, school, etc.)

2.     How do you currently get to those places?

3.     Have you lost your job, and thus your livelihood, because of a lack of license?

4.     What are the Twelve Steps?

5.     Can you recite the Serenity Prayer?

 

Appeal if Necessary:

If you receive an order from the Secretary of State denying your request, you can choose to appeal to Circuit Court. However, this must be done within 63 days of receiving the order. After 63 days, you forfeit your right to the appeal. This appeal to Circuit Court is much like that of a criminal who appeals his or her conviction to the Court of Appeals, not just because s/he did not like the outcome, but because it did not follow the rules of procedure or law.