Recently in Driver License Restoration Category

Interlock Ignition Devices: What They Are and How They Work

February 28, 2012,

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In Michigan, a common sanction by both the courts and the Secretary of State is the required installation of an interlock ignition device on the defendant's (or petitioner's) automobile. Colloquially referred to as a 'blow and go', these devices can be a tremendous headache for those required to install them. In our experience, there are a number of situations where these devices are compelled to be installed on our clients' vehicles. These scenarios include;

- A 'superdrunk' conviction,
- Certain drunk driving convictions with aggravating circumstances,
- As a mandatory condition of a restricted license upon a successful license appeal,
- And certain crimes which may have resulted from an underlying drinking problem.

1) What is an interlock ignition device?

The cell-phone sized device is installed so it connects to an automobile's ignition system, usually inside of the glove compartment. After installation, the driver is must blow into the device before the car will start.

2) Where can these devices be installed and how much do they cost?

Many locations in Southeast Michigan offer install services for the ignition interlock device:

American Interlock 800.580.0504
Michigan Interlock, LLC 888.786.7384
National Interlock Service 888.294.7002
New Horizon Interlock, Inc 800.597.5054
Smart Start Michigan 888.234.0198

Prices vary from company to company, but range from $50 to $200, based upon the make and model of the car. The device also holds a monthly rental fee, which can be as high as $100.00.

3) How do these devices work?

According to igntioninterlockdevice.org, the driver blows about 1.5 litres of air into the device, which is located on the car's dashboard. Drivers can also be subjected to "rolling tests", which require the driver to use the device once the car is moving. If the driver fails one of these "rolling tests" the device sounds a warning, which may consist of flashing lights or honking horn and will sound until the ignition is turned off (the ignition will not automatically shut off while moving). Each device contains a computer chip, which requires monthly downloads. The information is sent to the overseeing court and analyzed for blood alcohol content levels as well as attempts at tampering with the device.

4) When required by the State in a driver's license restoration case, what will result in a violation?

The State of Michigan has divided violations into two main categories:

Minor Violations

-After the trial period, the driver fails three start-up tests (car will not start)
-If the driver fails to have the device serviced within 7 days of his/her scheduled date

Major Violations

-Failure of a "rolling test", which is either failing to take the test when prompted or the result is greater than 0.25% and a subsequent sample is greater than 0.25%
-An arrest or conviction for drunk/drugged driving
-Tampering with the Blood Alcohol Ignition Interlocking Device
-Circumventing the device, by allowing a passenger to blow into the device
-Three minor violations within the monitoring time (required time for device to be installed)
-Removing the device without having it re-installed within 7 days (unless Secretary of State approves)
-Operating a vehicle without a properly installed device

In the State of Michigan, a minor violation will result in a three-month extension before another driving license appeal can be requested. Major violations will cause the original driver's license revocation to be immediately reinstated, which means the driver will no longer be able to operate any vehicle, even with an ignition interlock device installed.

5) Are these devices reliable?

Despite widespread implementation of ignition interlock devices many have doubts as to their reliability. Significant issues arise out of false positive results, which could be caused be a number of daily-use products. They include mouthwash (because of its minimal alcohol content), some medicines, and even some beverages.


Continue reading "Interlock Ignition Devices: What They Are and How They Work" »

Tired Explanations Part 1: Cough Syrup, Second Hand Marijuana Smoke, and Other Excuses That Don't Hold Up In Court

January 20, 2012,

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If you spend enough time in the back of a court room you will hear a few common explanations for positive drug and alcohol tests. Often when faced with a probation violation (or show cause while on bond, or if you are appealing to get your license back) defendants/petitioners will attempt to offer an innocent reason for their positive test. What defendants often do not know, that practicing attorneys do, is that Judges have heard it all. While our strategy varies from case to case - we advise that our clients NEVER* to use the following explanations when standing in judgment. Probation violation hearings are oftentimes much more serious than the underlying charge, as the Court will view the defendant as somebody who has been unable to prove themselves. Further, the sentencing Judge has the authority to sentence defendants to the maximum term of incarceration for the underlying charge. Beneath are some common excuses that come up in court. I've done some basic research into each of these explanations to see if they are at all supported by science, unfortunately it seems that they are not.

Excuse #1: 'It Was Secondhand Marijuana Smoke'

When defendants test positive for THC they will sometimes tell the Judge that it was merely secondhand smoke. The Wikipedia page on drug tests (which has a wealth of other relevant information) states that "[t]his legend is technically true but highly misleading." In order for a test to be positive from secondhand smoke one would have to be in a small unventilated space for hours with marijuana smokers. Based on this, it seems that somebody who is by marijuana smoke for a short amount of time would not have THC levels to yield a positive test. The possibility of a positive test aside, Judges hear this excuse all of the time and know it is just that. Dishonesty will always put you in a worse position than where you started.

Excuse #2: 'The Cocaine Seeped Through My Skin'

Though a somewhat more isolated excuse, this still comes up time and time again. Karch's Pathology of Drug Abuse indicates that a positive drug test from this type of exposure is unlikely unless dealing with a large quantity of cocaine. No surprise that Judges do not buy into this explanation. Beyond the fact that it most likely isn't true, there isn't a solid legal reason to be handling a large quantity of cocaine. As advised above, this is a defense that will get you nowhere and if anything will set you back should you use it before a Judge.

Excuse #3: 'I Was Drinking Cough Syrup'

Perhaps the most common of all of the excuses, when defendants test positive for alcohol they often say that it is from drinking cough syrup. I couldn't figure out the exact amount, but alcohol is listed as an inactive ingredient in Nyquil. Some sources stated as low as 10% and some as high as 25%. Nyquil can cause a positive alcohol test. However, it would seem that one would need to drink a large quantity to have a positive BAC or drink cough syrup immediately before blowing. MOST OF THE TIME, this excuse does not hold up. Oftentimes Judges see through this smoke screen and view the defendant as being dishonest and uncooperative. Further, a term of probation is typically no consumption of alcohol, because there is alcohol in some cough syrup this is a straightforward violation. HOWEVER, in some instances (specifically in license appeals at the DLAD) we have been successful in bringing this defense where there is corroborating evidence and/or a doctor's note.

Continue reading "Tired Explanations Part 1: Cough Syrup, Second Hand Marijuana Smoke, and Other Excuses That Don't Hold Up In Court" »

Driver License Appeal - The Risks of Going Unrepresented

October 5, 2011,

bus.jpgAlmost every week a very familiar scenario plays out in our office. A client will come in, sit down for a consultation, and discuss with us the facts of his or her license revocation history. Many times it will be the instinct of one of our Firm's attorneys that the client had a winnable case. However, the catch is that they didn't win, and in many instances have created a mess for themselves that will take years, literally years, to unravel. Why didn't this client win?

Oftentimes it is because they appealed their license revocation unrepresented, assuming that it was a simple and straightforward procedure. Further, it is often assumed that the hearing officers will summarily rubber stamp petitioners with a license after they wait their year. This is very much not the case. License appeals are substantively and administratively complex, and oftentimes become unmanageable for people who do not retain the assistance of an attorney. The stakes are high, losing an appeal typically results in an additional year revocation. Moreover, any inconsistencies stated in an initial hearing will come back to haunt the petitioner in future hearings. Losing a DLAD appeal means that the petitioner will have to continue asking friends and family for rides, or risk breaking the law and driving without a license. Beneath are some common mistakes that petitioners make when appealing their revocations without the assistance of counsel.

Procedural Mistakes

The DLAD has strict procedural guidelines for filing these appeals. Often unrepresented petitioners will miss deadlines, file the wrong documents, or fill out documents/background letters incorrectly. When you have a case with strong facts (IE over one year of demonstrated sobriety) it is a waste to wait an additional year because of a procedural mistake.

Substantive Mistakes

Without counsel, petitioners will often make substantive mistakes. Most commonly, petitioners who have not met the one year of mandatory sobriety will disclose that they have consumed alcohol in the last 12 months. We always counsel clients to wait that year, and will assist them in finding programs and counselors to assist them with their sobriety. Further, unrepresented petitioners tend to get nervous, and put inconsistencies on the record because they buckle under the pressure. A first hearing is intimidating, and that pressure can often cause a petitioner to lose his or her cool, become mentally unorganized, and forget vital dates - thus making a winnable case a loser.

Our Program for Getting You Back On the Road

Our law firm has a comprehensive program for getting petitioners back on the road. From our initial consultation we look at all the facts and organize them to avoid both procedural and substantive mistakes. Our firm has appeared on hundreds of license appeals and has a streamlined process for gathering and filing the documents, thus eliminating confusion on behalf of the client. Further, in our representation we include a mock hearing where you and one of the Abdo Law attorneys will go through the questions that will be asked at the hearing. The goal is to reduce anxiety and eliminate as much as possible the element of surprise in the hearing room.

Continue reading "Driver License Appeal - The Risks of Going Unrepresented" »

Part 5 of 5: Michigan Driver's License Restorations; The Decision of the Hearing Officer and Appeal Rights

June 3, 2011,


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If a revoked driver (habitual violator of Michigan drunk driving laws) meets the burden of proof by clear and convincing evidence and wins at the first Driver's License Appeal Division (DLAD) hearing, he or she will be allowed to drive a vehicle subject to restrictions and with an ignition interlock device. The driver will be able to drive on a restricted basis during certain designated hours or for a designated purpose, such as employment and/or education. In addition, the ignition interlock device must be installed for a minimum period of 1 year on the vehicle which is operated by the person. The ignition interlock is an alcohol monitoring device which requires breath samples of a person while one is operating a vehicle. The purpose of the ignition interlock device is to measure the bodily alcohol content (BAC) of an intended driver and to prevent the motor vehicle from being started if alcohol is detected.

If a revoked driver loses at the DLAD hearing, he or she will have 2 options: wait until he or she is eligible for another hearing before the DLAD (which is usually 1 year) or appeal the decision by the DLAD to the circuit court. Neither option is as satisfying as winning, yet there is hope that the person will improve his or her case for the next hearing and get back on the road.

If the party feels that the decision by the DLAD was erroneous, he or she may file an appeal in the circuit court in the county where the person resides. The circuit court judge cannot hear any new evidence and is required to limit the appeal based upon the transcript and evidence submitted at the DLAD hearing. A circuit court appeal can occur no sooner than 60 days after the DLAD hearing because a copy of the transcript must be ordered and provided to the circuit court judge. The DLAD is represented at the circuit court appeal by a representative from the Michigan Attorney General's Office. A circuit court judge can overturn the decision by the hearing officer if it is: not supported by competent, material and substantial evidence on the whole record, and/or, arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion. In addition, a circuit court judge may deny your appeal or remand your case to the DLAD for an earlier hearing.

Continue reading "Part 5 of 5: Michigan Driver's License Restorations; The Decision of the Hearing Officer and Appeal Rights" »

Part 4 of 5: Michigan Driver's License Restorations, The Hearing at the Driver License Appeal Division

June 3, 2011,

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The final step in the Michigan driver license restoration process is the appearance at the hearing with your lawyer. The revoked party will be required to provide sworn testimony before the hearing officer. We like to meet with our clients at least 15 minutes prior to the hearing to review pertinent questions and become comfortable with the surroundings.

The hearings are held in many locations throughout the State of Michigan. Our firm regularly appears at the DLAD hearing locations in Clinton Township, Livonia and Port Huron. The hearings held at the Livonia DLAD are "live" hearings while the hearings in Port Huron are closed circuit video conference hearings. A party can present additional documentation-evidence on the day of the hearing at the Livonia location but not at the Port Huron location. All evidence must be submitted before the hearing at a location which employs video conferencing.

A hearing will be held in a small office with your attorney and a hearing officer in attendance. The hearing officer is an attorney who works for the Michigan Secretary of State. For all purposes, the hearing officer is the judge and jury. It is our job to present all of the evidence and testimony in an organized and persuasive manner. In addition, a closing argument to sum up the evidence and testimony presented at the hearing is often made after all of the proofs are presented. The hearing officer cannot award a restricted license to someone unless the burden of proof is satisfied by clear and convincing evidence.

Continue reading "Part 4 of 5: Michigan Driver's License Restorations, The Hearing at the Driver License Appeal Division" »

Part 3 of 5: Getting Organized and Reviewing Questions Prior to the Hearing Before the Michigan Driver's License Appeal Division

June 3, 2011,


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ATTORNEY - CLIENT CONSULTATION, CASE PLANNING:
When we meet with someone for the first time to discuss a new license restoration case, we take our time to review their substance abuse history, driving record, counseling history, lifestyle changes and plan for continued sobriety. Each person has distinctive circumstances and we handle driver license restorations on a case by case basis. Given that each driver license restoration case is one-of-a-kind, we may decline to represent a client who does not have a sufficient period of sobriety or advise the person to make specific improvements before we will go forward. If necessary, we may advise our clients to become involved in a relapse prevention program, attend AA or counseling for a few months before he or she obtains a substance abuse evaluation and other documentation.

After being retained for persons that we feel will meet the burden of proof, we will advise our client to get a substance abuse evaluation, drug test, character letters and other important documentation. In addition, we provide our clients with a template for the required character letters and recommend local licensed counselors who are best suited to provide the required substance abuse evaluation.

SCHEDULING A DLAD HEARING:
Our job is to provide the documentation to the Driver License Appeal Division which will be used as evidence in the case and prepare our clients for the actual hearing stage of the case. In my opinion, the documents which are strategically selected provide an organized foundation for the hearing that will follow. When we receive all of the requested documentation/evidence, we will request a hearing. It usually takes 30 to 60 days for our clients to gather all of the required documentation.

The hearing date is scheduled by the DLAD from 4 to 6 weeks after it is requested. A notice of the hearing date will be provided by mail to the petitioner and attorney.

Continue reading "Part 3 of 5: Getting Organized and Reviewing Questions Prior to the Hearing Before the Michigan Driver's License Appeal Division " »

Part 2 of 5: Initial Preparation, Documents and Planning for a Michigan Driver's License Appeal Division Hearing

June 3, 2011,


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Our attorneys place a great deal of emphasis on the planning and preparation stage of a Michigan driver's license restoration case. We prepare a driver's license restoration case based upon several factors including one's substance abuse history, diagnosis and prognosis. A large part of planning is organizing the evidence and prioritizing documents which will be submitted to the Driver's License Appeal Division (DLAD). The evidence which is utilized will vary depending on whether a person is diagnosed as an alcoholic/dependent or an abusive drinker. It is important that a person understand that all evidence submitted for the purpose of a DLAD hearing, including all testimony, will be retained and recorded by the DLAD, and may be used in future hearings.

We are often able to find past documentation that may seem useless such as random alcohol/drug testing results, prior substance abuse evaluations or verification of counseling. On the other side, inappropriate documents or letters which are submitted to the DLAD can cast doubt on the case and devastate any chance of a license restoration for several years. Initially, our firm will ask for certain documentation to prepare for a DLAD hearing, including the following:

1. MASTER DRIVING RECORD:
We need to obtain the lifetime history of drinking and driving cases along with all prior substance abuse offenses of the person seeking a license restoration. Therefore, obtain a master driving record from a Michigan Secretary of State office along with any other documentation pertaining to past criminal convictions which involve alcohol or drug crimes before you meet with an attorney. The DLAD will question a revoked person about all prior substance abuse convictions, including non-driving offenses such as minor in possession of alcohol (MIP) or possession of marijuana.

2. OTHER DOCUMENTS: Save all documentation from prior court cases, probation departments, counseling records, AA sign-in sheets and letters from the Secretary of State. We are usually able to find positive documentation which we will use as evidence in one's case.

3. PRESCRIPTION MEDICATIONS:
If you take prescription medications for sleep, depression or pain, we will ask for you to obtain a letter from your doctor regarding your ability to drive safely upon use of these medications.

4. SUSTANCE ABUSE EVALUATION:
A substance abuse evaluation is required and is the cornerstone of a DLAD hearing. The evaluator is required to include many variables relating to a person's substance abuse history, diagnosis and prognosis for continued sobriety. The evaluator must also comment as to whether the offender's likelihood for continued sobriety is poor, fair, good or excellent.
The evaluator may perform some tests before the report is finalized. One of the tests utilized is called the Michigan Alcohol Screening Test (MAST). Click here for a look at the MAST testing questions.

5. DRUG SCREEN: A 10 panel drug screen is also required for a DLAD hearing. The evaluator is often is able to obtain a urine sample and provide the drug screen along with the Substance Abuse Evaluation.

Part 1: Michigan License Restorations, Building A Mountain With Positive Evidence
Part 2: Michigan License Restorations, Initial Preparation
Part 3: Michigan License Restorations, Getting Organized, Reviewing Questions
Part 4: Michigan License Restorations, The Hearing
Part 5: Michigan License Restorations, The Decision By The DLAD and Appeal Rights

Part 1 of 5: Introduction; Michigan Driver's License Restorations, Building a Mountain of Positive Evidence

June 3, 2011,

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This is part 1 of a 5 part series which is dedicated to the topic of driver's license restoration cases in Michigan. In this extensive series, I provide insight as to how our attorneys build a strong foundation of positive evidence which will moderate or diminish the bad choices that resulted in a license revocation. In Part 2, I explain some preliminary matters and documents which are necessary in a driver's license restoration case. In Part 3, I discuss the stage where we will organize documents, schedule the hearing and review pertinent questions which will be asked at the hearing. In Part 4, the hearing stage of a Michigan driver's license restoration case is examined. In Part 5, I discuss the possible decisions by the hearing officer and the appeal option to circuit court for a person who loses a Driver License Appeal Division (DLAD) hearing. Our Macomb County lawyers are able to provide this information after many years of representing clients before the DLAD who have a license revocation due to multiple drinking and driving convictions.

The process to restore a license in Michigan is complicated. Most of our clients have waited several years before taking the first step in the Michigan driver license restoration process. In addition, we know that they have paid thousands of dollars to the courts, attorneys, substance abuse counselors and to the State of Michigan. Many others avoid the appeal process altogether because of misconceptions, financial problems or other obstacles. All too often we meet clients who are eligible for a Michigan license restoration but they continue to drive illegally resulting in extended periods of revocation. This is why a person who is eligible for a hearing before the DLAD should consult with a qualified lawyer to discuss his or her rights. Often, our firm will take on proactive clients several months before the eligible hearing date. We use this time to provide a client with relevant advice, planning and a strategy so that we are well prepared when the minimum revocation period expires.

Continue reading "Part 1 of 5: Introduction; Michigan Driver's License Restorations, Building a Mountain of Positive Evidence" »

Michigan Criminal Traffic Offenses; Fleeing and Eluding, Leaving the Scene of Accident

April 15, 2011,

police-chase[1].jpgIn one of my prior posts, I added a link to the The Michigan Traffic Offense Code. This link contains a complete list of all Michigan traffic offenses along with penalties, points and license sanctions.

Although many traffic offenses in Michigan are civil infractions, there are numerous others that are classified as criminal misdemeanors or felonies. All criminal offenses have the potential for jail and require an appearance before the judge. You should hire a lawyer immediately if you are charged with a criminal traffic offense. Virtually all offenses involving alcohol, driving on a suspended license, leaving the scene of an accident or engaging in a police chase are criminal offenses.

The following is a partial list of Michigan criminal traffic offenses which we have defended in Macomb, Oakland and Wayne County including the district courts located in Royal Oak, Clinton Township, Warren, Sterling Heights, Romeo and Shelby Township:

1st Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in a death. Maximum Punishment: 15 years in prison and/or $10,000.00 fine.

2nd Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in a serious injury or the defendant has a prior offense for fleeing fourth degree. Maximum Punishment: 10 years in prison and/or 5,000.00 fine.

3rd Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in an accident or where the defendant has a prior offense for fleeing first, second or third degree. Maximum Punishment: 5 years in prison and/or $1,000.00 fine.

4th Degree Fleeing and Eluding: Felony which involves the act of fleeing the police resulting in an accident or where the defendant has a prior offense for fleeing first, second or third degree. Maximum Punishment: 2 years in prison and/or $500.00 fine.

Leaving the Scene of a Personal Injury or Property Damage Accident: Misdemeanor, 6 points
All drinking and driving offenses in Michigan (operate while intoxicated-OWI, impaired driving-OWVI, operate with the presence of drugs-OWPD, super drunk-BAC of .17% or greater, child endangerment, zero tolerance-minor with any BAC) are all classified as criminal offenses. A third lifetime drunk driving (OWI, OWVI, OWPD, DUI) offense is charged as a felony which can carry up to 5 years in prison.

Traffic Offenses In Michigan; Resolving Traffic Tickets In Macomb, Oakland and Wayne County

April 13, 2011,

traffic-police-colour[1].jpgThe Michigan Traffic Offense Code contains a complete list of all Michigan traffic offenses along with penalties, points and license sanctions. This is an excellent reference for you to keep with your favorite links.

Traffic offenses can be classified as civil infractions or criminal. For example, tickets for speeding and disobeying a traffic control device are always civil infractions in Michigan.

Points for Speeding Tickets
1 to 10 mph over limit 2
11 to 15 mph over limit 3
Over 15 mph over limit 4

When you get a ticket, points are added to your Michigan Driving Record which can result in driver responsibility fees and increased insurance costs. In addition, if you accumulate 12 or more points, your license will be suspended. Anyone getting a ticket should get a traffic defense lawyer to review all possible options. The avoidance of points has a huge economic benefit as far as motor vehicle insurance costs are concerned.

When you hire a lawyer, the case can be scheduled for a conference and your lawyer will have the opportunity to discuss the case with the prosecutor or city attorney. All of the district courts in Macomb County, and most of the courts in Oakland and Wayne County, will consider amending tickets to lesser offenses. Having experience in all Macomb County District Courts from the 37th District Court for Centerline and Warren, the 41-A District Court in Sterling Heights and the 41-B District Court covering Clinton Township, Mount Clemens and Harrison Township, I can say that each has a reasonable attitude towards resolving traffic tickets especially where the offender has a good driving record.

Most of the time, an attorney can negotiate for reduction of the ticket which usually means less points. When this occurs, the ticket is amended to an offense such as "impeding traffic" which is a zero point violation and does not appear on the driving record. A fine is usually imposed in the amount of approximately $150.00. If the party fighting the ticket has a bad record, the prosecutor or city attorney may agree to reduce the ticket if the offender attends traffic school. If there was an accident, a victim may object to the reduction.

I will be posting another guide which covers criminal traffic offenses in Michigan.

Michigan Driver Appeal and Assessment Hearings

January 31, 2011,

I'm Matthew Abdo, and I recently started practicing at the ABDO LAW FIRM in Macomb County. I wanted to use this post as a forum to reflect on my experience with the Michigan Driver Appeal and Assessment Division (DAAD) representing persons at driver license restoration hearings. First of all, the place of your hearing will depend on where you reside. If you live in Oakland County, your hearing will be held in Livonia. If you live in Macomb County, your hearing will be in either Livonia or Port Huron.

Proceedings before the DAAD are very unique. First, most clients are surprised to hear that they are not adversarial, per se. Additionally, most are not aware that the hearing officer is going to ask probing and invasive questions about their substance abuse history. Lastly, and perhaps most importantly, many people do not realize there is a RIGHT way to approach these hearings.

Oftentimes we get clients who have already attempted a hearing without the help of counsel. Even though they have winning cases, they lose simply because they did not know how to highlight the aspects of their lives that the DAAD is focusing on. People fail to grasp that it is not so much their past that is being scrutinized, but rather their present and future behavior. The State owes a huge responsibility to the drivers of Michigan, and the burden is on the petitioner to show they are again worthy of the privilege of driving. I can say this much, the saying "it's harder to get your license the second time than it was to get the first time" is 100% true.

That being said, our office has developed a paradigm for approaching all cases. From our first consultation we explain to clients the strengths and weaknesses of their case, and give an honest assessment of if the matter is worth pursuing. We outline what we need from our clients, including a substance screening and character letters, and lay out how the proceeding is going to follow. Our track record with these types of cases is very good, we generally win. Almost once a week we are in Livonia for a DAAD matter. Our office has appeared before each officer there and knows what to expect when we have them for an appeal.

In light of all that, I can say that it is worth it to retain legal help before appearing your FIRST TIME. Without guidance, petitioners run the risk of telling inconsistent stories, tarnishing their credibility, and creating a transcript that will continue to haunt them in all future hearings. The State is looking very specifically to see that petitioners have taken control of all of their issues which would make them a threat to the drivers of Michigan. Our proprietary literature and argumentative style is designed to win these cases and get clients back on the road. I cannot stress the importance of retaining counsel THE FIRST TIME you are considering appearing before the DAAD. When you lose a case, you are locked out from having another DAAD hearing for a year. Though these cases can be APPEALED TO THE CIRCUIT COURT, our office aims to win the first time around. Losing DAAD cases means another year of inconveniencing friends and losing opportunities you could otherwise have. Additionally, this puts petitioners in the awful position where they must choose whether or not to drive with a suspended license, an offense which carries additional revocation.

We take the time to learn each client's unique case history and work on tailoring each case to that individual's circumstances. We believe in each client's cause and fight aggressively to get petitioners back on the road. Our office has a strong record of winning cases like this. We have a proven formula that gets results.

Michigan Drunk Drivers: Ignition Interlock Device, The Blow and Go

September 23, 2010,

1. Who is required to have an interlock device?

  • Revoked License: Your license will be revoked indefinitely if you obtain multiple drinking and driving convictions in Michigan as follows. Revocation will occur if a person obtains 2 or more drinking and driving convictions within 7 years and 3 or more convictions within 10 years. After a habitual drunk driver has served the minimum period of revocation/denial, he may be eligible for a Driver License Appeal hearing. If the hearing is held after October 1, 1999, and the person is authorized for a restricted license, the hearing officer must order the installation of an ignition interlock device in any vehicle the person intends to operate. The interlock device must be installed for the first year of license restrictions. The person cannot drive until after the interlock device has been installed on the vehicle and proof of installation has been submitted to a local branch office of the Secretary of State.

  • Super Drunks: In addition to those who are given a restricted license after a period of revocation, effective October 31, 2010, a first time offender who is convicted of having a high blood alcohol content drunk driving (.17 or greater) will be required to have the ignition interlock installed on a vehicle. If you are convicted pursuant to Michigan's Super Drunk Law, effective October 31, 201, you will receive a hard suspension of license for first 45 days (no driving) and restricted with the requirement of ignition interlock for the remaining 320 days. Individuals who violate their restrictions will obtain another license penalty equal to the above; another 45 days hard suspension and another 320 days on ignition interlock. In addition, the new laws require vehicle impoundment when a person is caught driving without the interlock device after being placed on restrictions.

2. How does the interlock work?

An ignition interlock system, referred to as Breath Alcohol Ignition Interlock Device (BAIID) is a breath alcohol analyzer with computer logic and internal memory that interconnects with the ignition and other control systems of a motor vehicle. The purpose of the BAIID is to measure the bodily alcohol concentration, or blood alcohol content (BAC) of an intended driver and to prevent the motor vehicle from being started if the BAC exceeds the .025. The Ignition Interlock is wired into the electrical system of the vehicle. The restricted driver is given training to use the interlock. An ignition interlock tests for alcohol on a driver's breath. The offender can only drive in a vehicle with an ignition interlock device installed. The vehicle operator is required to blow into a small handheld alcohol unit that is attached near the driver side compartment. The device will ask for random retests while driving. The car will not start if you have a startup test violation within a monitoring period, or rolling retest failure, or the device detects tampering. The State of Michigan will not be sympathetic if you used mouthwash or cold medication containing alcohol. These test violations will result in reinstatement of revocation. In addition, the police will know if you are required to have an interlock device installed on a vehicle by a simple record check.

Michigan Driver License Restorations For Revocations Based Upon Multiple Drinking and Driving Convictions

June 4, 2010,

In Michigan, there are many circumstances which can result in revocation of driver's license. A person's license is subject to mandatory revocation for obtaining 2 drinking and driving convictions within 7 years or 3 drinking and driving convictions within 10 years. A person who is revoked for drinking and driving is known as a habitual offender of Michigan drinking and driving laws. The driver license restoration process is complex and lawyers with experience before the Michigan Driver Appeal and Assessment Division (DAAD) can greatly increase a revoked person's chances of getting his or her Michigan driver's license restored.

A first time revocation is for a minimum period of 1 year and a second lifetime revocation is for a minimum period of 5 years. A person whose license is revoked may not operate a vehicle indefinitely until the person is granted driving privileges before the Michigan Driver Appeal and Assessment Division (DAAD) of the Michigan Secretary of State.

Upon eligibility and after waiting the minimum revocation period, a revoked party may begin the process of license restoration. The revoked party, called the petitioner, must prove by clear and convincing evidence that the alcohol or substance abuse problems are under control and likely to remain under control. If a person fails to meet this high standard of proof, the revocation is affirmed and another hearing is allowed after one (1) year. Many times, I have seen documentation which is submitted to the DAAD that actually harms a client's case and results in a continuation of the revocation. Our Michigan license restoration attorneys have obtained driving privileges for parties with 5 or more drinking and driving cases because we know the process, review the questions and make sure that all documentation submitted to the DAAD will bolster our client's case.

Upon winning your driver license restoration hearing, a party is required to have the ignition interlock device installed on his vehicle for a period of 1 year. This is an alcohol monitoring device which requires breath samples of a person while he is operating a vehicle. The device information is periodicallly downloaded by the installer. An ignition interlock system - Breath Alcohol Ignition Interlock Device (BAIID) is a breath alcohol analyzer with computer logic and internal memory that interconnects with the ignition and other systems of a motor vehicle. The purpose of the BAIID is to measure the bodily alcohol conctent (BAC) of an intended driver and to prevent the motor vehicle from being started if the BAC exceeds the .025.

If the person has successfully operated a vehicle with the interlock device on the vehicle for 1 year and again meets the burden of proof, a full license will be granted. If the person had failed on the interlock device, or is unable to prove by clear and convincing evidence that the alcohol or substance abuse problems are under control, then the person's revocation may be reinstated or the DAAD may consider allowing the petitioner to drive with the ignition interlock device for an extended period.

A person who has an ignition interlock device on his or her vehicle is advised not to allow anyone else to blow into the device or to use any substances containing alcohol such as mouthwash or cold medicines. The state will attribute any alcohol readings as those of the petitioner.

A person who loses a hearing before the DAAD may appeal the decision to the Circuit Court based upon:

  • The hearing officer decision is not supported by competent, material and substantial evidence on the whole record, and/or,

  • The hearing officer decision is arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion.

It is much preferable to win at the first hearing. For this reason, an experienced Michigan license restoration attorney can sift through a person's substance abuse history, counseling history, relapse history, prior cases, probation records and driving record to prepare an individual strategy for the license appeal.

Drinking and Driving And Michigan's Implied Consent Law, Refusing a Chemical Test

May 11, 2010,

Michigan's Implied Consent Law pertains to the chemical test offered by the police when you are arrested for a drinking and driving offense, such as "operating while intoxicated" or "impaired driving: Commonly, the police ask you to take a breath test. You may ask for a second test of your own choosing and expense if you first take the test which is offered by the police. If you refuse the chemical test offered by the police, the police may obtain a search warrant for a blood test and blood will be drawn or you will be transported to a facility, such as a hospital, for a blood draw by a qualified person.

Again, if arrested for drunk driving in Michigan, you will be required to take a chemical test to determine your blood alcohol content (BAC). Under Michigan's Implied Consent Law, all drivers are considered to have given their consent to this test and face sanctions for refusal.

Sanctions for Refusal: If you refuse a test, six (6) points will be added to your driver record license will be suspended for one year. A suspension of a license, or non-resident operating privilege, is automatic for any refusal to submit to the test. This is a separate consequence from any subsequent convictions resulting from the traffic stop or drinking and driving charge. If you are arrested a second time in seven (7) years and again unreasonably refuse the test, six (6) points will be added to your driver record and your license will be suspended for two years. If you refuse to take the test under the Michigan Implied Consent Law, or if the test shows your BAC is 0.08 or more (Operating While Intoxicated) your Michigan driver's license will be destroyed by the officer and a 625g paper permit to drive will be issued until further action by the State of Michigan as to your license.

Appeal Rights: The Implied Consent suspension may be appealed to the Driver Assessment and Appeal Division (DAAD). The request for hearing must be mailed within 14 days of the date of arrest or your operator's or chauffeur's license and vehicle group designation or operating privilege will be automatically suspended without a hearing. You are entitled to have an attorney present for this hearing. However, if you lose at this hearing, you have a right to appeal a first time implied consent suspension to the circuit court where the offense occurred and request a restricted license based upon hardship and need. You may also appeal based upon the merits of the decision of the DAAD hearing officer.