Part 3
What If You're Denied
As I have previously stated several times in this series, this hearing process is no joke. The State hearing officer will give very serious consideration to returning driving privileges to a person whose license is revoked. Your chances at getting a license restored at this hearing without having an attorney are low, but not impossible. I have heard of some people who have been successful by themselves, although statistically the odds are clearly against you. However, just because you retain an attorney to assist you does not guarantee success. As a Genesee county DUI attorney, I have represented more clients before the DAAD than any other attorney in the area and even I do not have a perfect record. Any attorney who guarantees you a license or claims a 100% rate of success should be viewed with suspicion. No attorney can guarantee results or outcome.
Having said that, if you are denied there is an option to appeal the findings of the hearing officer to a Circuit Court judge. This is not another attempt to persuade a judge as to why you deserve a license, however. This is an appeal of the record, which means the judge will review the transcript of the hearing and all evidence and determine if the hearing officer's decision was properly based on the evidence. If the judge finds that some constitutional or statutory right was violated or that the decision was not based on substantial, material and competent evidence on the record or that the ruling was arbitrary and capicious, an abuse of discretion or against the weight of the evidence, the judge will over rule the DAAD hearing officer. In that case, a full license will be restored as this is the only option available to the judge.
Violations
If driving privileges are restored it will most likely be a restricted license with a condition of no alcohol use. To verify compliance with this condition, the restricted license will require you to drive a vehicle equipped with a breath alcohol ignition interlock device (blow n go machine). You must drive with this device for a minimum of one year and it cannot be romoved until to you appear for another hearing before the DAAD and the removal is authorized. This device requires that you blow a breath test before the car will start. After starting, the device will prompt you to perform a rolling retest at various intervals while driving. If any alcohol is detected, the vehicle will not start or will be shut down. The state is very clear about the condition of no alcohol use.
Any positive breath test above .02 will cause a fail to start and can be considered a violation. This a very serious problem and you should contact a qualified
drivers license restoration lawyer immediately. This will most likely trigger a violation hearing where you must show cause as to why you did not violate the terms of your restricted license. Depending on the facts of the situation, this could cause a termination of all driving privileges.
You also can be subject to a violation or show cause hearing for any tampering with the device or attempting to circumvent the machine. This sounds technical, but it can be something as innocent as jumpstarting the battery or replacing the battery. Any work on the electronics of the vehicle should also be performed with the highest degree of caution. A missed interlock calibration appointment will also cause violation problems.
A cautionary word about violations. You are responsible for any breath test into the interlock device. So, if your spouse, brother, friend or uncle has to move or drive the vehicle and they blow a positive breath test, this will be held against you. You should be extremely careful about who has access to the vehicle with your blow n go on it. You will be provided with operating instructions for the interlock and information about what food, cologne, mouthwash or other substances can cause a false reading. Ultimately, you are responsible for the breath sample blown into the device and any explanation that it wasn't you or you did not know will cause you big problems at a violation hearing and could result in termination of all driving privileges.
You're Not Done Yet
If you were successful at obtaining a restricted drivers license, your experience with the DAAD is not done yet, as you probably want a full drivers license at some point. After obtaining restricted driving privileges, you must drive within the terms of the restrictions with the blow n go machine for at least one year. After one year, you are (guess what!) eligible to request another hearing before the DAAD for return of a full license. In any case, you must reappear for another hearing within two years or your restricted license will expire and you will be right back where you started.
At your full license hearing, you will be required to present new evidence of sobriety including a new substance abuse evaluation, drug testing and testimonial letters. You will also testify at this hearing. This is essentially round two of the hearing process and a repeat of the first hearing. In addition, the hearing officer will also have the benefit your interlock device report regarding any breath test issues. Further, they will review your driving record while on the restricted license to see if you received any tickets or were involved in any accidents.
To be clear, a full license reinstatement is not automatic just because you completed one year on the restricted license. Depending on your evidence at the second hearing, the hearing officer can grant the full license, continue the restricted license with the interlock, continue the restricted without the interlock, modify or expand the restirctions, or if you have had problems on the restricted, they could terminate all driving privileges. This does happen sometimes, so do not take this second hearing for granted. As previously stated, full license reinstatement is not automatic just because you survived one year on the restircted.
I Can't Afford It (The True Cost)
Hopefully this series of posts has provided some useful information regarding the DAAD hearing process. I have made several references throughout these posts as to the serious and complex nature of this process and the many difficulties you can encounter as you attempt to get your license back. I get 10 calls per week from people who tried this on their own and, while sometimes you may get lucky, most people call to tell me they were denied and they had no idea what they were getting into. They are very disappointed to learn that they must wait another year to try again and that because of their mistakes, the next hearing will be even harder, and therefore, more costly.
An experienced dui attorney who specializes in these hearings is worth every penny and more. If you think you can't afford the services of a professional to assist you with this process, consider the cost of being denied for another year. That's another year walking, riding a bike, taking the bus or bugging your friends or family for rides. That's another year of not getting that job because you don't have a license, or not getting overtime or a promotion, or not being able to change jobs because if they check your background they will find out you can't drive. Another year of not leaving the state to find a job. It's another year of continuing to drive without a license and looking over your shoulder fearing that the cop you just passed is going to stop you and take you to jail and impound your Mom's vehicle. It's another year of not being able to buy and register a vehicle in your name. Another year of lying to your kids, friends or family. It's another year of paying your friends gas money or waiting for your buddy to pick you up for work and he calls in sick. Another year of frustration, isolation, humiliation and embarassment and beating yourself up for getting in this mess. Another year of possibly new tickets, jail, fines and driver responsibility fees. Another year caught up in the cycle of the revolving door.
How much does all this cost, both financially and emotionally? Far, far more than the cost of retaining an expert drivers license appeal attorney, I guarantee you.
Still think you can't afford it?
How much is it worth to get your life back?