Frequently Asked Questions

• What is a Driver’s License Appeal Hearing?

Driver's license appeals are held with the Department of State's Driver Assessment and Appeal Division (DAAD). If your license was revoked as a result of two or more drunk driving offenses you will need to attend an appeal hearing. This hearing is your chance to contest the revocation of your driver's license, and convince the Administrative Law Judge to reinstate your driving privileges. At the Driver's License Lawyers of Michigan, we will provide you with the guidance, advice and aggressive representation you need to get your driving privileges restored.

• When I hire an attorney to handle my Driver's License Appeal, do I have to physically attend the hearing?

Not always, however, the answer to this question is case specific. Please contact one of our attorneys to see if you qualify.

• I tried to represent myself during my Driver's License Appeal and I lost. What happens now?

You will not be allowed to obtain a new hearing until another year has passed. This is because you are only allowed one hearing per year.

• What is an implied consent hearing?

Implied consent hearings are held when a driver’s license is suspended for refusing to take a breath or blood test. Under Michigan’s implied consent law, all drivers are considered to give their consent when they are issued a driver’s license. When a driver refuses a breath or blood test, six points will be added to his/her driving record and his/her license will automatically be suspended for 1 year. If you refused a test, but the officer determined your BAC to be higher than .08%, your license will be destroyed and you will be issued a 625g permit that will only grant you permission to drive until your case is resolved in court.

If you wish to appeal a license suspension stemming from an implied consent refusal, you must schedule your hearing with the Driver Assessment and Appeal Division within 14 days of your arrest, or your license will automatically be suspended.

• What is a hardship appeal?

Sometimes a driver can appeal their license suspension on the basis of hardship. At this type of appeal, the driver makes the argument that he/she will experience extreme hardship without his/her license. If the court rules in the driver’s favor, then a hardship license will be granted. However, a hardship license is not the same a regular driver’s license—there are limitations. A hardship license will have very specific instructions in regards to when and where a driver is allowed drive—only certain places will be allowed, such as work, school, medical appoints, etc. If a driver violates the terms of the hardship license, then he/she is at risk for losing the license all together.

• What offenses typically lead to a license suspension?

There are a number of criminal and civil offenses that can lead to a license suspension. Civil infractions—usually moving violations such as speeding, failure to yield, speeding, careless driving, running a red light, toll violations, running a stop sign, etc.—do not automatically result in a driver’s license suspension. To lose your license for a moving violation, you need to accumulate 12 points within two years. For more information about the point system, please see the next question (#6).

Common criminal offenses that lead to license suspension include OUI/OWI/OUIL/DUI, hit and run, vehicular manslaughter, driving without a license, driving with a suspended/revoked/expired license, reckless driving, racing, probation violations, drug crimes, habitual traffic offenses, and more.

• How many points on my driving record will lead to a license suspension?

Each time a driver commits a traffic-related offense, points may be posted to his/her driving record. Certain offenses carry more points upon conviction. For example, serious crimes like vehicular manslaughter or operating under the influence (OUI) warrant 6 points. Simple crimes like speeding or having an open container of alcohol in the car only warrant 2 points. In most cases, driver’s licenses will be suspended when a driver accumulates 12 points within two years.

Contact the Driver’s License Lawyers of Michigan today at (800) 716-1206!