If you have lost your driving privileges for two or more alcohol and/or drug-related driving offenses, you must petition the Office of Hearings and Administrative Oversight (formerly known as Administrative Hearings Sections or AHS) to get your license back. Depending on whether you are an in-state or out-of-state resident, you may request a hearing (in-state) or an administrative review (out-of-state). Both follow the same process and require the same information. The only difference between the two is that you must appear personally for a hearing; in an administrative review, it is simply a document review, with no personal appearance required. Below is the step-by-step process you must follow to be successful in getting your driving privileges restored:
Our attorneys will work with you in gathering all the information we need to adequately and efficiently prepare your case for a hearing or administrative review, including getting your most up-to-date driving record and any other information that is useful in determining what option is best for you.
Once it has been determined that you are eligible for a hearing or administrative review before the Office of Hearings and Administrative Oversight, one of our skilled attorneys will contact you to go over the specifics of your case, and a packet of information will be sent out to you to get you started with this process.
Required paperwork must be submitted in order to request a hearing or administrative review before the Office of Hearings and Administrative Oversight. Your attorney will review all the paperwork with you to make sure all documentation is filled out completely and correctly.
The following is the required documentation to be submitted to the Office of Hearings and Administrative Oversight for your hearing or administrative review:
Once all the required documentation has been submitted on your behalf:
At the date and time of your scheduled hearing, your attorney and the assigned Hearing Officer will take testimony from you and any witness(es) you wish to have testify on your behalf. At the conclusion of the hearing, you will be advised of what the next step will be.
Once a final decision has been made, an order will be mailed to you and your attorney. Your attorney will go through the order with you and answer any questions you may have.
In order to succeed in getting driving privileges back, the Petitioner must prove by clear and convincing evidence:
Petitioner must be abstinent from alcohol and/or controlled substances for a period of not less than six consecutive months immediately prior to the hearing. In some circumstances, a period of not less than twelve consecutive months may be required. Those circumstances include the following:
Before having full driving privileges restored, Petitioner may, and most likely will, be required to drive his/her motor vehicle with Ignition Interlock installed for at least twelve consecutive months. If approved to drive with interlock, Petitioner will be given detailed instructions as to how this works. Your attorney will be available to answer any and all questions you have about this issue.
In some instances, you may be eligible for review in the circuit court rather than having to appear before a Secretary of State Hearing's Officer. The process leading up to the actual court appearance is similar to that leading up to a hearing or review, with just a few differences. Your attorney will walk you through this process step-by-step and prepare you for your appearance in court. While this particular option is no longer available for most people, contact us today to see if this option is available and the right one for you.
The dedicated attorneys at Grabel & Associates are available 24/7 to explain your best course of action regarding your driver's license restoration. We understand that the process seems difficult and confusing. With the proper guidance and preparation from a skilled Grabel & Associates attorney, you can get your driving privileges reinstated.