The process to restore a revoked or suspended Michigan driver's license varies depending on the reason for the license suspension or revocation; however, most cases generally involves a hearing before the Driver's License Appeal Division (DLAD). The Department of State Drivers License Appeal Division also gives petitioners an opportunity to have their request for restoration of driving privilege decided without a hearing. That process is called an administrative review. In most cases, I strongly encourage my clients to request a hearing so any questions or evidence can be further addressed in person.

In a case involving driver's license revocation due to drunk driving charges, the license appeal process starts with a presumption that you are a habitual offender, which really means the odds are weighted against you from the beginning. Unlike a criminal trial, where you are presumed innocent until proven guilty, when you appeal to restore license privileges, the State of Michigan will review your case from a presumption that they will not be restoring your license. You must then provide proof in the form of "clear and convincing evidence" (CCE) in two categories: 1) that any substance abuse problem has been remedied; and 2) that you are unlikely to reoffend by drinking and driving in the future. Remember, the burden of proof is on you to show by clear and convincing evidence that you are unlikely to drink and drive ever again.

Clear and convincing evidence commonly consists of letters of testimony, at least one year or more minimum of abstinence from drugs or alcohol, a drug screen, a substance abuse evaluation, and your own sworn testimony.

Put Attorney Fletcher on your side. Having an experienced driver's license restoration attorney like Joseph Fletcher is critical. Attorney Fletcher will carefully guide you through the process and analyze the proofs that are needed to give you the best chance of securing your driving privileges. In Michigan, driver's license revocations are life-long by default. Only through the appeal process can you restore your license. If you have questions or just simply have decided that it is time to get your operating privileges restored, call me immediately. Don't give up or try to tread the license appeal land mine without talking to me first.