Michigan statue of limitations on DUI.

I received a DUI in 1991 and in 1997 at which time my DL was revoked. Is there a statue of limitations on the revocation? Four years ago I received a violation for driving without a DL, no violations since. How does this impact the statute of limitations? What do I need to do to get my DL back?

Howell, MI -

Attorney Answers (5)

Frank B. Ford

Frank B. Ford

DUI / DWI Attorney - Dearborn Heights, MI
Answered

There is no statute of limitations for a revocation. A statute of limitations is a time limit on how long an action can be taken in the courts. A revocation of a driver's license is considered an administrative sanction, not a criminal penalty. It lasts until the Secretary of State is willing to return driving privileges, which involves a hearing at the Secretary of State Administrative Hearings Section, often referred to by its old name of Drivers License Appeal Division (DLAD). The fact that you had a moving violation four years ago didn't affect the Statute of Limitations because there isn't one. It did make you ineligible for a hearing, probably for a year that would have ended three years ago. The process of preparing for a hearing is very demanding. There are instructions at the Secretary of State's website, but they don't tell the whole story. You only get one hearing a year, so if you are unsuccessful, you have to wait a year to try again. Therefore, it is very advisable to get an attorney who is very experienced in handling driver's license restoration hearings to help you prepare for the hearing and assist you at the hearing. The first thing to do is to get a full copy of your driving record, and have an attorney look over it. I, as I believe many license restoration attorneys will do, will review a driving record that is faxed to me, at no charge. There are sometimes items on a driving record that have to be resolved in addition to the main problem of the revocation. Do not try to do a hearing without an attorney's help. Sincerely, Frank B. Ford 313-565-9289 or 313-486-9272

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Gerald R Stahl

Gerald R Stahl

DUI / DWI Attorney - Grand Rapids, MI
Answered

Mr. Ford is correct. There is no issue of statute of limitations. Revocation means you have no license. You will have to petition the the DLAD to reinstate your license. You can get the application off the Secretary of State web site. I strongly advise you to retain a lawyer if you are serious about restoring your driving privileges. Good Luck!

Cindy Mannon

Cindy Mannon

DUI / DWI Attorney - Lansing, MI
Answered

There is no statute of limitations. I agree with the other attorney's answers. However, in order to even get a license you have to prove that you have not drank alcohol for at least a year and most hearing officers want proof that you have quit since your last arrest. If you have 3 drunk driving convictions, the SOS wants 5 to 10 years of sobriety. Two drunk drivings usually means less time; however, the legal limit is vague, being sober for "one year or more." You also are not supposed to go to bars, associate with drinkers, keep alcohol in your home and many more limitations.

If you are caught driving without a license, you will lose your eligibility period for another year. If you have not stopped drinking, stop immediately, go to AA at least twice weekly, get a sponsor, and wait a year before applying. You will only get a restricted license with an interlock on it. It is almost impossible to do this without an attorney as there are so many ways you can lose.

Christopher Daniel Leroi

Christopher Daniel Leroi

Criminal Defense Attorney - Parker, CO
Answered

There is no statute of limitations on a probation revocation in any state that I am aware of. Hire a criminal defense attorney

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Steven M. Dodge

Steven M. Dodge

Criminal Defense Attorney - Brighton, MI
Answered

The revocation stays in place until you can convince the Secretary of State to grant restore your privileges. Your master driver record will tell you when you are eligible to have a hearing where you can request that restoration. If you are eligible now, you should consult with an attorney who handles license restoration cases. If you live in Howell, it would be in your interest to hire someone in Livingston County. Call if you need help. Good luck.

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