Driver's License Restoration, BAIID Violations
If your license is revoked, as opposed to suspended, you will not be able to drive a motor vehicle for any reason. A revocation occurs after a person is convicted of multiple DUI offenses or a felony involving the use of a motor vehicle. In order to regain privileges, a hearing is mandatory before the Driver Appeal and Assessment Division (DAAD) of the Michigan Secretary of State.
In Michigan (MCL 257.303), driving privileges are revoked for the following reasons:
- 2 or more DUI offenses within 7 years,
- 3 or more DUI offenses within 10 years,
- DUI causing death or injury,
- Felony driving offense (fleeing & eluding).
Contact ABDO LAW for a free confidential consultation if your driver’s license has been revoked for any reason and you are looking for a winning plan to get back on the road. Metro Detroit: 586-412-5555, Toll Free: 844-Got-ABDO.Revocations are Indefinite, Appeal after Minimum Period Expires
Revocations are imposed indefinitely subject to an appeal for driving privileges before the Driver Appeal and Assessment Division (DAAD) of the Michigan Secretary of State after the minimum period of revocation has expired. For a first-time revocation, a person is not eligible for a driver’s license appeal hearing until the expiration of one (1) year. The waiting period for a second revocation is five (5) years. Additional periods of mandatory revocation are imposed when someone receives driving violations while in in revoked status. Additional periods of revocations run consecutively for those caught driving while on revoked status.
Once eligible for a license appeal, we will either move forward, suggest that the case be filed at a future date or reject the case altogether. Postponing a case until a future date can greatly improve our chances of winning. The following are a few scenarios when we opt to postpone a driver’s license restoration case:
- A longer period of sobriety will be more persuasive.
- The party is still on probation with the court system.
- The party needs to attend counseling or a relapse prevention program before filing (not everyone needs to attend AA or counseling).
License restoration hearings are conducted according to the Michigan Rules of Evidence. The success of an appeal will depend upon the quality and credibility of the evidence presented and meeting the burden of proof. Inconsistent or unreliable evidence is a recipe for disaster that will make future appeals more difficult. Should you lose your hearing, you will have to wait another year and have an uphill battle overcoming mistakes made at the earlier hearing. The services of an experienced license appeal attorney are essential to build a solid case with strong evidence.
ABDO LAW consistently wins over 90% of our license appeal cases, including difficult cases for those:
- That have lost prior hearings.
- With complex substance abuse backgrounds over a long period.
- Revoked for DUI causing death or serious injury.
- Revoked for a felony conviction involving a motor vehicle.
- With major ignition interlock (BAIID) violations.
ABDO LAW has an advantage over the competition because we have attended license appeal hearings for several decades and can formulate a reliable winning strategy for your license appeal. Here is a brief overview of the extensive services that we will provide to you:
- Initial Consultation: Preparing a Winning Strategy: The first consultation sets the stage for the entire license restoration process. At this meeting, we prepare a strategy by discussing such things as our client’s unique substance abuse history, sobriety date (for alcohol and/or drugs), and positive lifestyle changes. At the conclusion of the first consultation, our client will be given an outline of documentation that needs to be returned to our office before a hearing can be requested. We also provide our clients with sample character letters and can recommend someone to provide the substance abuse evaluation. Since we need the exact dates of every alcohol and drug crime, a copy of the master driving record is helpful at the first consultation.
- Reviewing Documents and Requesting a Hearing Date: It can take up to 45 days, or longer, to obtain all of the documentation that is necessary to request a hearing. However, once we have all of the documentation, it will be submitted and a hearing date will be requested. Hearings are conducted throughout the State of Michigan at regional locations. Our firm will attend hearings anywhere in Michigan. We are particularly active in the counties of Macomb, Oakland, Wayne and St. Clair.
- Preparation for the Actual Hearing: Our attorneys have attended DAAD hearings with almost every hearing officer in the State of Michigan. We know all of the hearing officers and the questions that will be asked at a license appeal hearing. A hearing can be lost by failing to satisfy the hearing officer with your answers to one or more questions. For this reason, we will review the key questions to get you ready for the actual DAAD hearing. Here are some of the possible questions that will be covered at the hearing:
- Are you an alcoholic?
- Do you agree with your diagnosis of alcoholism?
- Do you ever go to places where alcohol is served?
- Do you live with anyone that consumes alcoholic beverages?
- Do you keep alcohol at your home?
- What would you do if you had an urge to drink again?
- Why didn’t you stop drinking after your first offense?
- Do you attend a relapse prevention program?
- Do you take any medications for sleep, depression or pain?
- What is your duty if you are granted driving privileges?
- Do you use marijuana (medical or recreational)?
- Did you ever violate any terms of your probation?
- Representation at DAAD Hearing before Hearing Officer: The final aspect of a driver’s license restoration case is the hearing before the DAAD hearing officer. At this hearing, the petitioner will be questioned extensively and the evidence will be reviewed by the hearing office. The hearing officer may provide an immediate decision at the conclusion of the hearing or provide a decision at a later date if more time is needed to review the evidence. We are veteran license appeal lawyers and will personally attend you driver’s license appeal hearing, stand by your side and advocate for the restoration of your license.
A person that is granted a restricted license following a driver’s license appeal hearing, a DUI with a high BAC or pursuant to a Sobriety Court Program, will be required to have a Breath Alcohol Ignition Interlock Device (BAIID) installed on the vehicle. The BAIID measures the driver's bodily alcohol content (BAC), and keeps the vehicle from starting if the BAC is .025 or higher. Effective June 6, 2016, the BAIID must include a camera capable of recording a digital image of the individual providing the sample. The device will also ask for random rolling retests while the person is driving.
We can help you regain your driving privileges if your license revocation has been reinstated based upon major ignition interlock violations. ABDO LAW has fought and won major interlock violation cases involving allegations such as tamper/circumvent, rolling retest and unauthorized removal of ignition interlock device. Cases are more difficult when they involve major violations based upon positive alcohol readings as recorded on the BAIID device. The DAAD is not sympathetic to alcohol violations where a third party is blamed for using the BAIID device or those that are based upon accidental ingestion of cold medicine (Nyquil has 25% alcohol content) that contains alcohol. It is imperative to act promptly upon receiving a notice of revocation reinstatement as a response must be filed with the DAAD within 14 days.
When an ignition interlock/BAIID violation occurs, ABDO LAW recommends the following:
- Immediately contact the BAIID installation provider of the problem,
- Make sure that you let any nearby witnesses know of the problem,
- Immediately attempt to obtain a re-test for alcohol at a reliable facility, and,
- Document the incident for future evidence should a hearing be required.
We have found that the State of Michigan unfairly reinstates many revocations when the BAIID device itself is often the problem or because of a glitch in a vehicle’s electrical system.
Haven't you waited long enough? ABDO LAW has a proven track record of winning DLAD hearings to get back on the road!
EMAIL or CALL Abdo Law for a FREE CONFIDENTIAL CONSULTATION. Phone messages after business hours are forwarded to our attorneys. We offer same day, evening, weekend appointments and the ability to retain us over the internet. Payment plans and all credit cards accepted.
CALL: Metro Detroit: 586-412-5555 or Toll Free: 844-Got-Abdo