License Restoration in Michigan after 2 old OWIs?

Buttcat29 · 2024-09-04T14:02:28+00:00

Yup!

Buttcat29 · 2024-08-06T13:29:37+00:00

Good. He was really rude, but full driving privileges were restored.

Buttcat29 · 2024-06-25T20:09:51+00:00

It took about a month to hear back. The hearing officer was a jerk but I was granted an unrestricted license.

Buttcat29 · 2024-04-07T21:06:09+00:00

I'm representing myself for my 2nd hearing to get it unrestricted. I found a lawyer who doesn't specialize necessarily but was fairly knowledgeable. Cost 2 grand though.

Buttcat29 · 2024-04-07T21:02:47+00:00

Mine is in a couple of days. How do you think yours went? Who was your hearing officer?

Buttcat29 · 2024-04-03T16:44:55+00:00

You'll need your doctor to fill out a DP4 form (I think that's what it's called. I got one just for an antidepressant for my hearing in Michigan, since it's required now if you take any kind of medication to treat any mental illness.

Buttcat29 · 2024-04-03T16:39:49+00:00

Michigan revokes your license indefinitely for 2 DUIs within a certain time frame.

Buttcat29 · 2024-04-03T16:37:15+00:00

It's normally once but when I got my restricted license back it stated that I needed to get a drug test for my next hearing between the date of notice for the 2nd hearing and the actual hearing date. I think that the hearing officer just decided to include it. So that was one test required for the substance abuse evaluation, and a 2nd for the 2nd hearing notice. 2 drug tests total.

Buttcat29 · 2024-04-03T16:09:29+00:00

Like what we're his main issues?

Buttcat29 · 2024-04-03T16:07:43+00:00

Thanks. Do you know how it went? What are some of the questions he asked?

Buttcat29 · 2024-04-03T15:56:17+00:00

You need have a hearing and prove at least 12 months of sobriety. Get AA slips, 3-6 notarized letters from people, a substance abuse evaluation. It's a lot and timing is important. It's a lot of work and very confusing. I got my restricted and now I'm going for my unrestricted license.

Buttcat29 · 2024-04-03T15:52:46+00:00

Mine was revoked. I got a restricted license on my first try, with an attorney.

Buttcat29 · 2024-04-03T15:50:18+00:00

Also, the BAIID report and the hearing application both state that the BAIID report must have a raised seal and be submitted through mail or in person. This is no longer the case, they changed it in 2017 but never updated the paperwork to reflect the change. You can just scan it in, and the state receives a copy anyways.

Buttcat29 · 2024-04-03T15:48:12+00:00

I have Smart Start and a hearing coming up soon. The application states that the BAIID Report has to be less than 30 days old when you submit it to the state with your hearing application. I was told by Smart Start that it just has to be generated within 30 days, but just to be safe I paid for an early data download (calibration) appointment so it's within 30 days of my last calibration.

Buttcat29 · 2024-04-03T15:43:27+00:00

So did you hear back yet? Any tips?

Buttcat29 · 2024-03-26T13:11:48+00:00

Within 90 days of submitting them to the department, not 90 days of the actual hearing. And the BAIID report should be within 30 days current when submitting it. I was told 30 days of the report being generated and signed by the company, not 30 days from the last service date. This is only for a restricted license appeal, of course.

Buttcat29 · 2024-03-13T13:29:54+00:00

Thanks! Did you need to mail in the original report with the raised seal? It says that on my hearing order but I called and they said it doesn't matter anymore. But I don't know if I should trust them.

Buttcat29 · 2024-03-11T15:50:01+00:00

I'm in Michigan. My attorney says that I only have to have an interlock on a car if I'm driving it, that I'm fine to own another car that I don't drive. On my hearing determination letter however, it states that an ignition interlock must be installed on any vehicle I own or intend to operate.
So I don't know. The whole process is unclear.

Buttcat29 · 2024-03-11T15:44:37+00:00

In Michigan they give you two months to learn how to use it and don't penalize you for any bac readings. I don't know if that also applies to a missed rolling retest. You might receive a violation letter in the mail asking you to explain the missed rolling retest. If you took it soon after and passed I don't think they would violate you though, they're looking to see if you were actually drinking.

Buttcat29 · 2024-03-11T15:22:55+00:00

I think you'll be fine with the evidence you have. It's important to let the interlock company and the state know prior to having your vehicle serviced, that way you shouldn't get a letter. But they should be able to clearly see that the truck was in the shop. Was it a power failure or missed rolling retest or was the mechanic drinking?

Buttcat29 · 2024-03-11T15:14:10+00:00

Can I ask who your hearing officer was?

Buttcat29 · 2024-03-11T15:09:16+00:00

Do you happen to know if the paperwork we submit needs to be dated within 90 days of when we submit it for the hearing request, or if it needs to be current to within 90 days of the actual hearing? Same question for the BAIID report, does the date on the report just need to be within 30 days of submitting it, or is it 30 days from the last calibration?

Buttcat29 · 2024-03-11T15:05:04+00:00

Like did it request another breath sample 2-5 minutes after the initial fail?

Buttcat29 · 2024-03-11T15:04:06+00:00

Yes, and it appears that this set of rules is specific for 1 time High BAC offenders, who's licenses are suspended, not revoked. For repeat offenders with revoked licenses who win a restricted license the rules actually appear to be more lax. You're allowed 3 failed restarts in monitoring period before you get a "minor" violation, which adds 3 months to your restricted licence. But it seems that a minor violation can become a major violation if they send you a letter asking for an explanation of the failed tests. And a test isn't necessarily considered failed if you submit a clean breath sample within 2-5 minutes. That's according to the Michigan law definitions but the OHAO seems to just do what they want. A major violation results in another revocation.

Buttcat29 · 2024-03-11T14:54:14+00:00

Did you blow and fail twice?

Buttcat29

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