The Key Law Governing Michigan Driver's License Reinstatment
A person’s Michigan Driver’s License might be restricted or suspended for various reasons, including point-accumulation, poor driving and conviction of some criminal/traffic offenses. After a restriction or suspension, a license is typically automatically reinstated upon payment of a small reinstatement fee. However, if a license is REVOKED, which typically occurs following repeat drunk driving convictions or conviction of some serious criminal offenses, reinstatement is much more difficult. Generally, a person must apply for a hearing to restore driving privileges, and most of these hearings are conducted at the Michigan Secretary of State Administrative Hearing Section (AHS), previously known as the Driver’s Assessment and Appeal Division (DAAD).
Faced with a revoked license and needing to reinstate, Michigan residents often ask the following questions:
“What do I have to prove to reinstate my Michigan Driver’s license?”
“What is the standard of proof?”
“Who will make the final decision?”
Most of these questions are answered in the Michigan Administrative Code. Specifically, the key to success at AHS is full adherence to and compliance with “Rule 13,” shorthand for Michigan Administrative Code Rule 257.313, Standards for Issuance of a License. This rule lays out what each person must prove, along with standards of proof, in order to reinstate driving privileges following a revocation.
In a nutshell, under Rule 13, the driver must show the following by clear and convincing evidence:
- Complete and continuous abstinence from alcohol/controlled substances for at least 12 months;
- Low or minimal risk of relapse;
- Low or minimal risk of reoffending; and
- That the petitioner’s substance abuse problems are under control and likely to remain so.
Daniel T. Geherin has been a license appeals specialist for over 20 years. He has conducted over 1,000 license reinstatement hearings at DAAD/AHS, and appeared before every Hearing Judge on multiple occasions. He knows Rule 13 inside and out, and more importantly, understands how to persuasively convince AHS Hearing Judges of a client’s compliance with the Rule. Because of this, he has helped reinstate licenses for over 300 clients in the last decade alone!
At retention, Mr. Geherin and his firm will provide you documents and referrals to begin the process of requesting a reinstatement hearing. They will answer questions every step of the way; they will carefully review the documents before submission; they will prepare you before you appear before the Hearing Judge at a reinstatement hearing; and they will discuss procedures for Circuit Court appellate remedy where necessary.
If your driver’s license has been revoked, please contact Michigan Driver’s License Reinstatement Specialists at the Geherin Law Group (734) 263-2780 today!