How do you get your driver's license back after a conviction?
In drunk driving cases, the policeman who pulls you over will take your license and have your vehicle towed. The policeman will inform the Michigan Secretary of State (SOS) of the charges pending against you. It is the responsibility of the SOS to confiscate your license after a DUI/OWI arrest.
One way to get your license back is if the charges are officially dropped by the prosecuting attorney. He/she must do this in writing with a copy going to the Driver Assessment and Appeal Division at the SOS branch in Lansing, MI.
If your drink driving charges are not dropped, you will need to request an appeal. Please keep in mind the following dates:
1. Implied Consent (you only have 14 days from date of offense to request a hearing)
2. 2 convictions - appeal within 7 years
3. 3 convictions - appeal within 10 years
Appeals are initiated in writing with copies being mailed by certified mail to the Driver Assessment and Appeal Division of the Secretary of State and the local prosecuting attorney. The Driver Assessment and Appeal Division must be given at least 20 days notice before a hearing date.
You should have your own attorney with you during the appeal hearing. Please note that it is the job of the prosecuting attorney to go to these hearings. He/she, in a sense, represents the interests of the Secretary of State. Having your own attorney present will help to protect your rights. If you go by yourself, and your appeal is denied, you may have to wait an additional 6 months to 1 year to reapply.
Protect your rights today by contacting an experienced license restoration attorney. Call Craig W Elhart, P.C., at 1-800-968-4534 or (231) 946-2420 for your free consultation.
Protect your rights today by contacting an experienced license restoration attorney. Call Craig W Elhart, P.C. at 1-800-968-4534 or (231) 946-2420 for your free consultation.