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Trying to get license back after second DUI?

Port Huron, MI |

First one was 5 yrs ago second one will b 3 yrs in may..I haven't had a license since sentencing of september of 09'.. I petitioned the state last fall for my first try and they turned me down.I am getting ready again to turn my paperwork in..besides the letters of support an AA sheets..what is there I can do..should I get a lawyer?

Attorney Answers 5


  1. Yes - you need a lawyer. There is a trick to doing these. You need the right witnesses to give the right testimony (yes - you need people other than yourself to show up). There are certain buzzwords and points that you have it hit when you are at that hearing and then maybe it will work. Going by yourself is a waste of time.


  2. If you are turned down, you may be able to qualify for a license in Colorado.


  3. There are attorneys out there that specialize in this type of case and you should find one to help you. Don't automatically shoot for the first lawyer with "license restoration" in their ad though. Some put that in there because they had ad space left and in reality, they handle very few of these. Do your research before hiring an attorney. Good luck.


  4. Quite simply, my advice is to hire a lawyer in your area that has this type of experience. Like those above me have said, however, please do the appropriate research to make sure your lawyer has the qualifications to handle your case.

    This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  5. You should hire a lawyer to give yourself the best chance of meeting the high burden of proof required at DLAD meetings. It sounds like you are on the right track. Although difficult, I know several clients that have won a DLAD appeal without a lawyer. Personally, I would make the investment in my license. Think about the thousands that you already spent on your DUI cases. You are looking at spending about $1200 with our office if you want representation. Our firm will make sure that your evidence (letters, evaluation, other positive documents) is sufficient to submit to the DLAD since all documents which you submit becomes permanent evidence in your case. In other words, if you lose the hearing, the DLAD will have those documents in your file for the next hearing. So, your next hearing will need to be consistent with the first hearing or you face credibility problems. Also, if you lose, you are not eligible for another hearing for 1 year. Our firm will also work with you regarding the questions which are asked at the DLAD hearing since you will be required to provide sworn testimony before the hearing officer. Some of the questions are tricky. For example: Do you live with someone who drinks? Do you ever have the urge to drink? Do you work where alcohol is served or sold? Do you have a relapse prevention program? This is just a sample of about 30 plus questions that a lawyer can review with you to improve your case. These are just a few things for you to think about. Good luck. ABDO LAW 586-412-5555

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