Help for Driver’s License Restoration Eligibility

Gavel and car key depicting driver's license restoration help

Winning back your Michigan driver’s license is a big step toward living your life freely again after a DUI arrest.

If you are working toward this goal, you know by now that you have had to prove to a high degree of certainty to the court that you are not at risk for drinking ever again. Requirements usually involve counseling of some kind – even if you don’t believe you have a drinking problem.

That is because of how the law is written; it automatically treats a second offense within a specific time frame as proof of an addiction problem. 

The legal system assumes you have a drinking problem by revoking your license among other penalties under the following conditions:

  • You have had two OWIs within 7 years,
  • Or 3 OWIs within 10 years.

The system assumes you failed to learn your lesson with the first OWI or that you could not stop drinking. 

Driver’s License Restoration Eligibility

  • If you have received 2 OWIs within 7 years, the Secretary of State will revoke your license for a minimum of 1 year. 
  • If you have received 3 OWIs within 10 years, the SOS will revoke your license for a minimum of 5 years.
  • You won’t be eligible to reinstate your driver’s license until that time has passed. 
  • Under Michigan law, the 7-year or 10-year time period is stretched to begin at the latest possible date – usually a conviction – and end at the earliest possible date – usually an arrest. 

For example, let’s say you got arrested in December of 2012 for your first DUI. However, you were convicted in February of 2013.

February 2013 is considered the beginning of your 7-year time period. If you are arrested again for a DUI at the end of this year, 2020, the law recognizes you as having 2 OWIs within 7 years, even if you aren’t convicted until June of 2021. The same thing applies to having 3 convictions within 10 years.

Eligibility Complications

Driving with your license revoked is one of the biggest complications in your long fight to get your life back on track.

The state to “care” that you need to drive to your work or live your life.

If you get caught driving while your license is revoked, you will receive a mandatory additional revocation on your driving record, of 1 or 5 years depending on your first revocation.

Here’s what you need to know about mandatory additionals:

  • It’s an administrative penalty on top of whatever moving violation that got you caught.
  • You can get mandatory additional revocations piled on top of one another.

Driver’s License Restoration

Restoring your driver’s license is a process you have to go through with the court. It is not merely a period you have to wait until you can drive again.

According to state law, your license remains revoked until you have won it back, no matter how long you have been eligible to file the appeal.

You must win a formal driver’s license restoration appeal with the Michigan Secretary of State Administrative Hearing Section.

Michigan Driver’s License Restoration Attorney

To make matters more complicated, sometimes the SOS or the court makes mistakes on driving records. In some instances, the law even allows for errors made by the court to stand.

The best way to get started is by letting a skilled attorney look at your driving record. If you are done drinking forever, and you are ready to get your life back together, please call my office today for your free initial consultation. You can do this, and we’re here to help!

Let’s Get Started