Burden of Proof at Your Driver License Restoration Hearing
Your driver's license will not be restored unless you meet the burden of proof, known as Rule 13. You are required to prove by clear and convincing evidence all of the following at your license appeal hearing before the Michigan Driver Appeal and Assessment Division (DAAD):
- Alcohol or substance abuse problems are under control.
- That the risk of petitioner repeating his past conduct is low or minimal.
- That the risk of petitioner repeating the act of drunk driving is low or minimal.
- That the petitioner has the ability and motivation to drive safely and within the law.
- At least 6 consecutive months of abstinence or for a period of not less than 12 consecutive months if the evidence at the hearing establishes that a longer period is required such as: A chemical test result more than 2x the legal limit or 3 or more alcohol or controlled substance related offenses.
You Must Be Prepared to Answer Tough Questions At Your DAAD Hearing
Don't assume that you will be given a license by the hearing officer just because you waited out the minimum revocation period and need a license for work or because you are a caregiver to a senior citizen. If you do not meet the burden of proof, your Michigan license revocation will continue and you will be required to wait for up to 12 months before you are eligible for your next hearing. Here is just a sample of the questions:
- Do you think it would be ok to have an alcohol beverage toast at your retirement party?
- Do you store any alcoholic beverages in your home?
- Do you work at a bar or place where alcohol is served?
- Are you an alcoholic?
- Do you use alcohol substitutes like Sharps Non-Alcoholic beer?
- Do you take medications for pain?
- Have you ever used marijuana or taken any illegal drugs?
- Does anyone in your household consume alcohol?
The ABDO LAW FIRM will review the above questions and appear at your hearing to aggressively advocate your Michigan driver license appeal.