Rasor Law Firm, PLLC
Facebook Instagram Linkedin X-twitter Google
Facebook Instagram Linkedin X-twitter Google
Facebook Instagram Linkedin X-twitter Google
248-955-2244 Free Case Consultation

Michigan DUI Defense: How to Restore Your Driver’s License

Michigan DUI Defense: How to Restore Your Driver’s License

TL;DR: In Michigan, an OWI/OWVI conviction can lead to separate license suspensions or revocations by the Secretary of State. If revoked, you generally must win a driver’s license restoration or out-of-state clearance through the Office of Hearings and Administrative Oversight (OHAO) by presenting clear and convincing evidence of sustained sobriety and low risk to reoffend; ignition interlock and strict testing are common. Start early with documented sobriety, consistent letters, and clean interlock data. This is general information, not legal advice.

Understanding Michigan OWI and License Consequences

In Michigan, drunk or drugged driving is typically charged as OWI (Operating While Intoxicated) or OWVI (Operating While Visibly Impaired). A conviction can trigger separate administrative licensing actions by the Michigan Secretary of State, apart from any criminal court penalties (MCL § 257.625; MCL § 257.303; see also Michigan SOS: Reinstating Your License). Depending on the case and record, you may face a suspension (with potential restrictions) or a revocation (requiring formal restoration before you can lawfully drive again). Commercial driver’s license (CDL) holders face additional sanctions under state and federal rules (MCL § 257.319b).

Suspension vs. Revocation: What’s the Difference?

  • Suspension pauses your driving privilege for a defined time. After meeting all requirements, you may be eligible to reinstate or obtain restricted driving privileges (SOS guidance).
  • Revocation terminates your driving privilege. You cannot drive until you become eligible and win a driver’s license restoration or out-of-state clearance through the Department of State’s Office of Hearings and Administrative Oversight (OHAO) (formerly DAAD/AHS). Minimum eligibility periods depend on your history (commonly one year or five years) (MCL § 257.303; see also SOS OHAO/DAAD FAQ).

Ignition Interlock and Sobriety Requirements

Many restoration grants include a restricted license with an ignition interlock device. Michigan places significant emphasis on demonstrated sobriety and strict interlock compliance. Violations, tampering, or missed rolling retests can delay or jeopardize restoration (SOS guidance).

What Is a Driver’s License Restoration Hearing?

If your license is revoked, you generally must prevail at a hearing before an OHAO hearing officer. The focus is whether you present clear and convincing evidence that any alcohol or substance issues are under control and likely to remain under control, and that you pose a low risk of drinking and driving again. The hearing officer reviews your documents and testimony and may impose restrictions (such as ignition interlock) if a restricted license is granted (SOS OHAO/DAAD FAQ; SOS guidance).

Key Evidence to Prepare

  • Substance use evaluation by a qualified professional using the Secretary of State’s current form, where required (SOS guidance).
  • Regular, observed alcohol or drug testing consistent with claimed abstinence (e.g., EtG or EtS urine testing and multi-panel screens, as appropriate).
  • Program participation records, such as AA, counseling, or other supports, if applicable.
  • Support letters from family, friends, employers, and sponsors addressing past use, current lifestyle, and observed abstinence; letters are commonly signed and often notarized (SOS OHAO/DAAD FAQ).
  • Ignition interlock reports (if installed) showing compliance and no unresolved violations.
  • Proof of stable lifestyle changes (employment, treatment completion, counseling, and a support network).

Common Reasons Restoration Petitions Are Denied

  • Incomplete, inconsistent, or outdated paperwork.
  • Testimony that conflicts with the evaluation or support letters.
  • Positive, diluted, or unexplained missed tests.
  • Unresolved ignition interlock violations or tampering events.
  • Minimizing prior conduct or failing to explain triggers and relapse-prevention strategies.
  • Insufficient duration or documentation of sobriety under Michigan standards (SOS guidance).

Out-of-State Residents: Getting a Clearance

If you live outside Michigan and are revoked here, national records can prevent licensing elsewhere. You may request an administrative clearance through OHAO, either by a live hearing or, in limited circumstances, an administrative review by mail, subject to Michigan’s documentation standards (SOS guidance).

After a Denial: Next Steps

Options may include appealing to circuit court or reapplying after addressing the reasons for denial. The timing and strategy depend on your order and eligibility window. Circuit-court appeals are governed by statute (MCL § 257.323); otherwise, focus on building what was missing, such as longer documented sobriety, additional testing, or clarifying inconsistencies.

How an Attorney Can Help

Experienced counsel can assess eligibility, organize evidence, coordinate testing and evaluations, review interlock data, and prepare you to testify. Consistency across your evaluation, letters, testing, and testimony is critical to meeting the clear-and-convincing standard (SOS guidance).

Practical Tips to Strengthen Your Case

  • Begin regular, observed sobriety testing early and maintain it through your hearing.
  • Keep a detailed log of sobriety milestones, counseling, and support meetings.
  • Use a single pharmacy and keep records for any prescribed controlled substances.
  • Save interlock reports and promptly document and resolve any violations.
  • Draft specific, experience-based support letters; avoid boilerplate language.
  • Be candid about your history and articulate a concrete relapse-prevention plan.

Checklist: Before Your OHAO Hearing

  • Confirm eligibility date and revocation period.
  • Complete the current SOS substance use evaluation form.
  • Compile at least 3 to 6 detailed support letters with contact info.
  • Maintain clean, observed EtG or EtS and multi-panel test results.
  • Gather ignition interlock compliance reports with no unresolved events.
  • Organize records of treatment, counseling, and meeting attendance.
  • Prepare a written relapse-prevention plan you can explain clearly.

FAQs

How long do I need to be sober before I can win restoration?

There is no single magic number, but hearing officers typically look for a meaningful period of documented abstinence and lifestyle change, often a year or more, supported by consistent testing and letters.

Do I have to install an ignition interlock?

Many grants include a restricted license with interlock. Compliance is closely reviewed, and violations can lead to denial or new sanctions.

Can I get licensed in another state if Michigan shows a hold?

Usually not until you obtain a Michigan clearance. You can request a live hearing or, in limited cases, an administrative review by mail through OHAO.

What if I am denied?

You may appeal to circuit court where authorized, or reapply after correcting the issues identified in the order. Additional sobriety time and clearer documentation often help.

Getting Started

If your license was suspended or revoked after an OWI or OWVI, we can help you evaluate eligibility and build a restoration plan tailored to your record. Contact our Michigan DUI defense team to schedule a consultation. Get help now.

Sources

Michigan-Specific Disclaimer

This blog provides general information about Michigan OWI-related license consequences and restoration. It is not legal advice and does not create an attorney-client relationship. Laws and procedures change and vary by case and county. For advice about your situation, consult a licensed Michigan attorney.

Table of Contents

Recent Posts

Services

Legal Services