The DAAD is frequently called the DLAD (“Driver License Appeal Division”). The Livonia branch of the DAAD is located at 17180 Farmington Road, Livonia, MI 48152. The DAAD/DLAD hears appeals of driver license revocations and implied consent suspensions.
The Michigan Department of State maintains several DAAD offices throughout Michigan. The office in Livonia, Michigan is open Monday through Friday. All hearings are by appointment and there are no walk-in hearings. A request for a hearing must be on specific forms available through the Department of State website.
The Forms to Request a DAAD Hearing
Generally, the form to request an Implied Consent Hearing is provided by an arresting officer when a person arrested for drunken driving refuses to provide a breath or blood sample for chemical testing. For an appeal of a revocation for a repeat offender, the forms are on-line and are much more complex. In addition to the Request for Hearing form, an appellant must also provide a substance abuse evaluation, letters of community support, recent drug/alcohol test results, and in some cases, a report from a Breath Alcohol Ignition Interlock Device (BAIID).
Repeat Offender Revocations and How to Get Your License Back
A repeat offender is someone convicted of an alcohol or drug violation while operating a motor vehicle within seven (7) years of a previous conviction or with two (2) prior convictions within ten (10) years. A “repeat offender’s” license is automatically revoked, and there is no opportunity to contest the revocation. Similarly, there is no restricted or hardship license permitted during the period of revocation. A revocation lasts forever. In other words, unless a driver wins a DAAD appeal, he or she can never get their driver license back again.
Types of Alcohol or Drug-Related Traffic Infractions
- Operating While Intoxicated (OWI)
- Operating While Intoxicated 2nd Offense
- Operating While Intoxicated 3rd Offense
- OWI – Child Endangerment 1st Offense
- OWI – Child Endangerment (with a prior OWI conviction)
- Minor Operating with a BAC (Bodily Alcohol Content)
- Operating While Visibly Impaired
- Unlawful Bodily Alcohol Content (UBAL/UBAC)
- Operating with the Presence of Drugs (OWPD)
- OWI Causing Death
- OWI Causing Serious Injury
When a person with a revoked driver’s license wins an appeal for restoration, he or she will receive a restricted license. A restricted license will read: “May only operate a vehicle equipped with an interlock device, may drive to and from calibration, original action to be reinstated upon violation, ignition interlock required for one year from date of restriction.” For a minimum of one year, the recipient of a restricted license must have an alcohol interlock device installed in his or her vehicle.
Appeal for full restoration of driving privileges is possible after one year with a restricted license. The petitioner will have to present all of the necessary documentation to get a hearing and also a report from the alcohol interlock company. The report is frequently referred to as a BAIID report. The appeal for full restoration at the Livonia DAAD is handled exactly like the original appeal for a restricted license.
It is relatively rare for a hearing officer to grant an appeal or order reinstatement of a driver license unless the petitioner’s evidence is presented in a precise and distinct fashion, and all of the required paperwork is completed in a particular way. For a hearing to be successful, the petitioner’s testimony must be exact and meet all of the hearing officer’s requirements. Practice and preparation are essential. The letters submitted and the substance abuse evaluation must be nearly perfect to meet the minimum requirements of the DAAD. There is a publicly available guide for the letters or the evaluation and most people do not realize what must be included to be successful. The success rate with a qualified, experienced lawyer is much higher than with the petitioners who represent themselves.
Implied Consent Hearings at the DAAD in Livonia
When a driver is stopped for investigation of an OWI, the officer will follow certain procedures in an attempt to collect evidence that can be used in court. If the officer makes an arrest, he or she will generally ask the driver to submit to an evidentiary breath or blood test. A preliminary breath test (PBT) is not an evidentiary breath test, and it usually cannot be used in court as evidence. An evidentiary breath test is also called a breathalyzer test. Again, the PBT is different. If the officer claims that the driver refused to give an evidentiary breath or blood sample, the officer will file a report of the refusal with the Michigan Department of State, and the driver’s license is suspended for one year (with no restrictions or hardship license).
The driver has a chance to request a hearing to contest the implied consent suspension. He or she must file a Request for Hearing within 14 days of the arrest. According to the Michigan Implied Consent Law, there are only four issues to be resolved by the hearing officer at the appeal hearing:
- Whether the peace officer had reasonable grounds to believe that you committed an intoxicated driving crime,
- Whether you were placed under arrest for such a crime,
- Whether you unreasonably refused to submit to a chemical test upon the request of the officer, and
- Whether you were advised of your implied consent rights.
If the hearing officer finds that the evidence is insufficient on any of the four issues, then driver license is not suspended. If it is determined that there is enough evidence for a suspension, the driver license is suspended with absolutely no restricted license. The only option to get a restricted license at this point is to request a “hardship license” from a circuit court judge. The request is in the form of a lawsuit called a “Petition for Hardship License” and must be filed in a Circuit Court. The statues and court rules set various rules and procedures, and failing to follow the rules will result in a denial of the hardship license.