In Michigan, a driver who has had his or her license revoked for multiple drunk driving offenses will be required to request a hearing with the Secretary of State’s Driver Assessment and Appeal Division (DAAD). In order for you to prevail it is important for you to understand the process and formalities that will apply at this hearing.

Necessary Proof:

Typically, in order to successfully win a license restoration hearing you must show two things.   First, that your substance abuse problem does NOT exist any longer and will remain under control, and second, that the likelihood that you will drink and drive again is nonexistent. 

You must also prepare a persuasive substance abuse evaluation.  It’s imperative that the therapist preparing your evaluation has complete / detailed information about you, your treatment and relapse history, the number of prior alcohol related offenses and of course, and your sobriety date.  You must show a minimum of either six or twelve months of complete abstinence from alcohol and drugs.  The substance abuse evaluation must be accompanied by a 10 panel drug screen and a copy of the “testing instrument” must also accompany the evaluation. The substance abuse evaluation must give an appropriate diagnosis and prognosis, and must state in certain terms that you are at low risk if your license is restored.

You must also have 3 – 5 testamentary letters from friends, family, co-workers, clergy, support group members and other members of the community who know you well enough to write such a letter. To the extent that the writer would have such knowledge, these letters should include the same type of information as the substance abuse evaluation, i.e., your treatment and relapse history, the number of prior alcohol related offenses and of course, your sobriety date.

Finally, your own sworn testimony at the hearing will be the third critical aspect to the evidence you will submit in hopes of meeting your burden of proof.

It will also be necessary for you to present some evidence of participation in a structured support group. This typically means AA, but attendance and participation in AA is not critical. The Barone Defense Firm has successfully obtained driver license privileges for drivers who did not participate in AA, but this does make the hearing much more difficult to win.

How to Win the DAAD Hearing:

Preparation is key, and this is one important way a knowledgeable and skillful lawyer can help you. Before submitting the documentation to the DAAD and requesting a hearing you (or your lawyer) must make sure that it is completely consistent and persuasive. Drivers often lose because they’ve not paid attention to the smallest details. While it may seem unfair, it is true that the hearing officer will be nit-picking, or looking for any little reason to deny your request for a license. Understand that this is really their job, because the rules they follow state that they (the Department) shall not order a license UNLESS you meet your burden of proof. So, the hearing officer will start out the DAAD hearing with the assumption that you’re not getting a license.