I got my second dui in 2001 and have not tried to get them back they say i have to do everything again like aa and counciling

Asked over 2 years ago - Belleville, MI

i have done my probation i do not drive and have noy had a drink since thenwhat can i do help?

Attorney answers (3)

  1. Cy M. Abdo

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    Contributor Level 13

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    Answered . It sounds like your question is about a license restoration. If not, please re-post and I will respond again if I can help. If your second DUI was in 2001 and it it was your second offense within 7 years, your license is revoked INDEFINITELY. However, you probably had a 1 year revocation and could have appealed to the Driver License Appeal Division after 1 year. Your revocation period is extended each time you get a ticket while you are revoked which can put off your eligible hearing date for several years!

    Now, assuming you are eligible, you should get a lawyer to represent you. You already spent thousands of dollars for your DUI cases. Our firm charges a flat fee of $1200 for license restorations. I cannot say what your history is and do not know if you need to attend AA or return to counseling. If you were an abuser back in 2001, and have maintained sobriety, you may have a good case without AA and counseling but: Please have an attorney evaluate your background. on the other hand, if you were/are alcohol dependent, the hearing officer will want to know if you are involved in a conventional relapse prevention program.

    At the very least, you need to submit a substance abuse evaluation to get a hearing date. You will also need 3-6 character letters for the hearing officer. Again, this is the minimum. An attorney who handles license restorations will know counselors who can do your evaluation. In addition, an attorney who handles license appeals will know the questions which will be covered at the hearing.

    You mentioned that you have not drank since your last offense so I think you are a great candidate for a license restoration. You may or may not need AA and counseling but you clearly should get legal help. Good luck.

    Abdo Law Firm
    Macomb County
    586-412-5555
    WWW.CYABDOLAW.COM

  2. Becket J. Jones

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    Contributor Level 14

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    Answered . http://www.michigan.gov/documents/DLAD-66_18914...

    The above link will give you a breakdown of the requirements to Petition the Michigan Department of State / Secretary of State for the reinstatement of your driving privileges. Mr. Abdo gave a good breakdown of the process previously.

    I have personally seen many people who have tried to navigate this process on their own and get denied repeatedly before hiring an attorney, which is why in my opinion it will be beneficial for you to consult with an attorney. If you petition the DLAD and are denied at a hearing, you will be required to wait at least 12 months before you can re-apply. Before you consult with an attorney you should swing by a Secretary of State Branch and pick up your "Master Driving Record" - I believe the cost is approximately $7.00. The attorney will need to review that page by page before he / she can give you any meaningful guidance.

    AA and other programs may be required, however that will be unclear until you have your Substance Use Evaluation with a certified evaluator. The evaluator will include a "recommendations" section in your evaluation, which will spell out what you should do (and in my opinion, must do, to be successful at a DLAD hearing). If the evaluator finds that you are "substance dependent", there will likely be a recommendation that you attend AA and/or NA at least once a week or once a month in my experience. This holds true even if the evaluator finds that you are in "sustained full remission" (which you very well may be, considering your last consumption of alcohol was in 2001).

    Further, I generally tell my clients to start back with AA and/or NA again even before the evaluation is completed. The fact is that most hearing officers will ask a number of questions relevant to the teachings found in AA or NA, and being versed in those teachings / traditions helps immensely for purposes of your DLAD hearing. If you begin going to AA and/or NA meetings again, do yourself a favor and take a sign in sheet to document your attendance (this can, and in some cases must be included with your Petition). It can only improve your chances at driver's license restoration, and if you are serious about the process you should do anything within your power to improve your situation.

    As a side note, showing you have been sober from alcohol for 10+ years will not be enough. A 10 panel drug screen must be submitted with your Petition, and you must have been sober from all illegal drugs for at least 12 months. If you have a medical marijuana card, you should either get rid of it and stop using, or pray for a miracle at the DLAD hearing. I obviously have no information from your post about drug use, however I always bring it up because most individuals assume that just not consuming alcohol any longer is enough.

    In sum, with this process it is good to have a skilled attorney in your corner to present you in the proper light before the DLAD Hearing Officer.

    Best of Luck.

  3. Philip Daniel Hache

    Pro

    Contributor Level 16

    Answered . Did you finish all the terms of your probation, including things that were required by the DMV (in a timely manner) in order to get your license back. If you finished everything you were supposed to do for the Court and the DMV within the time limits set, then you should not have to do those again (based on that one issue). If this is the case and the DMV is still saying otherwise, you may want to consider consulting with an attorney in your area to deal with the DMV.

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more

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