Losing your driving privileges is one of the worst effects of having legal problems when it comes to your driving. For one reason or another, you may think that your driving privileges are just privileges that you do not have in your life but that is not it is already a given fact that the best way that you can drive is to make sure that you drive with the right license.
In the state of Michigan or probably anywhere else in the world, you are just digging yourself an even bigger hole if you drive even though your license has been revoked. You do not need to worry though because there are some ways that you can continue enjoying the privileges of your driver’s license while you get your license reinstated but these are all limited.
Here at Haque Legal, we suggest that you do your best to never get your driver’s license revoked. However, when the worst thing happens and you have lost your driving privileges, there are some things that you should do to get your driver’s license back.
In the first three articles, we have discussed that there are different reasons for you to get your license revoked, but as we have said the revocation is not permanent.
There are instances, however, where you must check out the possibility that you may not get your license back. If you fall under any of the descriptions that include the definition of being a habitual drunk, keep in mind that you will need to face the music that the process of getting your license back is not going to be easy.
In our experience, we have seen a lot of people trying to fight getting their driver’s license back. Without the help of the right people and the right team, you would fail in your quest. Here, let us talk about how you can get your driver’s license back if you are considered a habitual drunk.
Who is a habitual drunk?
A habitual drunk is defined in Michigan law as someone who has a felony conviction involving driving under the influence. When one is considered as a habitual drunk or has a felony conviction, there is a penalty of indefinite license revocations are imposed in the following instances:
- When there are two or more offenses for operating under the influence within the past 7 years of the offenses;
- When the person has 3 or more offenses for operating under the influence within the past 10 years;
- When there is a conviction for operating under the influence that causes a serious personal injury;
- When there is a conviction for operating under the influence causing death; and
- When there is a felony conviction that results in license revocation.
The Process of Appeal
As we have discussed in the previous parts of this article, the process of appeal is a very serious one. It is not taken lightly by the authorities. If you notice some laws and articles about the place of appeal may use the name Michigan Department of State Office of Hearings and Administrative Oversight (OHAO) or the Driver License Appeal Division or DLAD. The OHAO was formerly called the Driver License Appeal Division or DLAD so these are often used interchangeably.
What evidence do I need to present?
The application for you to get into the appeal process is not very simple. After all, you need to show proof and evidence that you have already changed and that you can be trusted again by the state. Let us look at the requirements one by one:
Form 258: Substance Abuse Evaluation
One of the things that you need to always look at is if you are ready to start driving again. After your evaluation, it is also evaluated by the state if you are worth trusting again. With that, every individual is required to submit a substance abuse evaluation.
A substance abuse evaluation form is a current form that must be filled up at the latest time to match your claim that you are already sober. Keep in mind that you will get the best kind of use for the form if you fill it up closest to the date of your submission.
Form 257: A Petitioner’s Background
Form 257 is another form that you must fill up and pass together with Form 258. The Substance Abuse Evaluation Form and the Petitioner’s Background form must be filled up by a lawyer or with a lawyer’s assistance for you to get a chance of getting approved and not to reduce your chances.
Keep in mind that this form gives the court an introduction as to why you are and what you are now. Have you changed? Your background should show positive changes.
Before submitting any of the documents and filling out the application forms you should make sure that you have legal help in ensuring that you have properly filled out the whole application form. There are other factors that you should know before submitting your appeal and we will discuss that in the succeeding articles of this series.
Let Haque Legal Help You With Your Charges
Now that you know some facts about how you can get your license restored in Michigan it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs.
Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a Southfield lawyer to help you during your license restoration proceedings, call us immediately.