Can I Avoid The One-Year License Revocation For A Second OWI Conviction In Michigan?
- The best way to avoid license revocation from a second DUI is to fight the case on its own merits and avoid the conviction.
- If you are unable to avoid conviction, there are some extremely limited ways of avoiding the license censure, such as being admitted to and successfully completing programs like Veteran’s Court and Sobriety Court. However, again, these are very limited circumstances.
This is a difficult question to answer.
The first part of the answer is that this is why it becomes so important to litigate, challenge, and defend a second drunk driving charge. By the way, the penalty is not a one year license revocation with a second drunk driving charge: it is a license revocation that lasts at least one year.
After that one year, you have to apply to the DLAD (the Driver’s License Appeal Division) of the Secretary of State to try to get your license back. That’s an extremely difficult process. The DLAD doesn’t just rubber stamp an application to reinstate a license, and does not automatically give it back to you.
It therefore becomes very important to try to avoid that sanction in the first place, because it’s very difficult to live in Michigan without a driver’s license and therefore without the ability to drive in order to get to your job.
There are some very, very limited ways to try to avoid that driver’s license revocation. Again, the first way is to try to win the case, by filing legal Motions and getting the case dismissed, or taking the case to trial and winning a trial in front of a jury. Other ways are dependent on the unique facts and circumstances of the case. Some Courts will have what are called Veterans’ Court or a Sobriety Court. Veterans’ Court is for veterans of the Armed Services. Sobriety Court is for people who are registered in intensive treatment-based programs.
Both Veterans’ Court and Sobriety Court require you to plead guilty, and to frequently meet with the Judge and probation officer every week to talk about how you’re doing. It’s a lot of treatment, it’s a lot of therapy, it’s a lot of AA, it’s a lot of weekly Breathalyzers, and it’s obviously no drinking. You are committing to living a sober lifestyle. The good news is that many Sobriety Courts and some Veteran Courts will have a provision that if you successfully complete them, your driver’s license will not be revoked.
For more information on OWI Law in Michigan, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 509-0056 today.