Drivers License Restoration - Drunk Driving Convictions -- by Michigan Marihuana Lawyer, Josh Jones

DRIVERS LICENSE RESTORATION – DRUNK DRIVING

There are two parts to the process when applying to reinstate your Michigan Driving Privileges. The first process is the paperwork followed by a hearing that will either take place at a branch office in front of an attorney for the state or by videoconference at the branch office with a state attorney.

It is important to note that the entire process takes a minimum of 3 months or longer. Once the paperwork is completed and sent to the state in Lansing it takes minimum 8 weeks before your hearing date is scheduled.

STANDARDS for Issuance of a License

The Secretary of state has issued a detailed set of standards that must be met for a repeat Drunk Driver to receive a restricted license. This includes drivers with drug driving offenses or a combination of alcohol and drugs.

Rule 13(1)(a)-(b) states: The hearing officer shall not order that a license be issued unless you prove by clear and convincing evidence all of the following:


(1) That your alcohol or substance abuse problems, if any, are under control and likely to remain under control.

(2) That your risk of repeating past abusive behavior is a low or minimal risk.


(3) That the risk of you repeating the act of operating a motor vehicle while impaired by, or under the influence of alcohol or controlled substances or a combination of alcohol or controlled substance is a low or minimal risk.


(4) That you have the ability and motivation to drive safely and within the law.


(5) And other relevant issues contained in the rule and statue.

Its is imperative, if not essential to make sure that your hearing goes smoothly and is effective in obtaining your restricted license. Losing at a reinstatement hearing takes another year of you not having a license. Do the right thing and lawyer-up.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

If you or someone you know needs to have their driving privilege’s reinstated than you need to contact Michigan Drivers Restoration Lawyer Josh Jones today for your free consultation—7-days a week by phone, text, email or instant message. 

Open Intoxicants - MCL 257.624a - Josh Jones - Michigan Criminal & Marihuana Lawyer - ALL FELONIES & MISDEMEANORS

Open Intoxicants – Open Alcohol In A Motor Vehicle

Did you know that if you are in a vehicle that is upon a highway or otherwise open to the general public or generally accessible to motor vehicles you are not allowed to have an open container of alcohol? This applies to an individual driving or simply a passenger of the vehicle. See MCL § 257.624a.

The rule states that individuals are “not allowed to not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle.” MCL § 257.624a(1). The passenger area of a vehicle has been defined as: “the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.” MCL § 257.624a(5)(d).

If an individual is convicted of this crime for a first time he or she will receive two (2) points on his or her drivers license. Also, a misdemeanor will be placed on the individual’s record. Moreover, if an individual is convicted of the crime two (2) times within 7-years then he or she will receive a 30-day suspension followed by 60-days of having a restricted license. An individual convicted three (3) will receive a 60-day suspension with a 305-day restricted.

It is imperative to know what happens to your license when you plead guilty to or are convicted of an alcohol or drug crime. An individual may also have to perform community service and undergo substance abuse counseling at the direction of the court.

What’s more important is knowing that your past criminal history, if involving alcohol or drugs, will only bring about more licensing issues and stiffer requirements while on probation. Other crimes can too have an impact on when you can drive again.

Contact a criminal defense attorney immediately if you are involved in any kind of criminal action. Who has you back? Josh Jones.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.