Drivers License Suspension Administrative Hearings
Michigan's Administrative Driver's License
Suspension Law
The 1999 amendments to the Michigan drunk
driving laws essentially removed the imposition of all
license sanctions from the Circuit and District Court
Judges, and placed them with the Secretary of State's
Office. Licensing actions range from restrictions
to outright revocations.
A license revocation is of course the most
serious license action the State can take, and this is
defined by statute as a termination of the right to drive.
Once the license is suspended, the driver may only reapply
to the Department for license restoration as follows:
1.
After the expiration of one year for the first revocation
2.
After the expiration of five years for a subsequent revocation
within seven years of a prior revocation.
When reapplying after revocation the driver
must prove by clear and convincing evidence, primarily
based on documentary evidence, that he/she can be considered
a safe driver. This determination is usually made
by the Secretary of State after a hearing where the driver
presents his/her evidence to the Hearing Officer.
A restricted license allows the driver to
drive to and from and during work, to and from probation,
to and from any Court ordered community service and so
forth. The authorized restrictions are set forth
by law, and the driver must carry proof of destination.
Once the restriction is over, the driver may simply apply
to the Secretary of State for a new license, and of course,
must also pay the reinstatement fee.
It is also possible for restrictions to
be "indefinite", meaning that they will not end until
the driver is approved for a new license. These
restrictions are uncommon, and are most often used where,
for example, a driver has a medical problem that prevents
him/her from safely operating a vehicle.
The actual license sanctions are imposed
directly by the Secretary of State when they are notified
by the Court of an applicable conviction. So, after
a person is sentenced for drunk driving he/she walks out
of the Court with a driver license, but then is notified
of the applicable license sanctions by mail. This
notification also includes the dates when such restrictions
(or revocation) begin and end.
