Livonia Driver’s Assessment and Appeal Division (DAAD)
The Driver’s License Appeal Division of the Michigan Department of State handles implied consent hearings, petitions for license restoration, and BAIID breath alcohol interlock devices violations.
The DAAD is frequently called the DLAD (“Driver License Appeal Division”).
The Livonia branch of the Driver’s Assessment and Appeal Division (DAAD) is located at 17180 Farmington Road, Livonia, MI 48152. The DAAD/DLAD hears appeals of driver’s license revocations, alcohol interlock violation hearings, 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, an arresting officer provides the form to request an Implied Consent Hearing when a person arrested for drunken driving refuses to provide a breath or blood sample for chemical testing. A repeat offender revocation appeal is more complex, and the forms are online. 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 revocation. A revocation lasts forever. In other words, unless a driver wins a DAAD appeal, they can never get their driver’s 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
Winning an Appeal at the Driver’s Assessment and Appeal Division
When a person with a revoked driver’s license wins an appeal for restoration, they 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 their vehicle.
Appeal for full restoration of driving privileges is possible after one year with a restricted license. The petitioner will have to present all necessary documentation to get a hearing and a report from the alcohol interlock company. The report is frequently referred to as a BAIID report. The appeal for complete 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’s license unless the petitioner’s evidence is presented in a precise and distinct fashion. The Petitioner must complete all of the required paperwork 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 DAAD’s minimum requirements. 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 specific procedures to collect evidence for use in court. If the officer makes an arrest, they 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. They must file a Request for a 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 an officer advised you of your implied consent rights.
If the hearing officer at the Driver’s Assessment and Appeal Division finds that the evidence is insufficient on any of the four issues, then the driver’s license is not suspended. If it is determined that there is enough evidence for a suspension, the driver’s 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.” The Petition must be filed in a Circuit Court. The statutes and court rules set various rules and procedures. If the petitioner fails to follow the rules, the judge will deny their appeal for a hardship license.
Frequently Asked Questions
How do I get my license back in Michigan?
The process for license restoration depends on why driving privileges were restricted, suspended, or revoked. Typically a restricted license ordered due to a conviction is temporary. A suspended license generally expires, and you must pay a reinstatement fee to get restoration. If your license is revoked, you must appeal to the DAAD or a court for license restoration.
What is a driver assessment in Michigan?
The goal of a driver assessment re-examination is to ascertain someone’s ability to operate a motor vehicle safely and whether additional license controls or further review are required.
How do I reinstate my suspended license in Michigan?
You may pay your reinstatement fee to the Michigan Department of State if you have a suspended or restricted driver’s license and the suspension or restriction term has expired. In some cases, reapplying for your license will necessitate a visit to a branch office.
How long does it take to get a revoked license back in Michigan?
If it has been more than seven years since the last time your driver’s license was revoked, then you will only have to wait to appeal for restoration for one (1) year. However, if your last driver’s license revocation was within the past seven years, you will have to wait five (5) years.
Can a revoked license be reinstated?
A revoked license can be reinstated; however, the process is complex, and a skilled, experienced DAAD restoration lawyer can substantially increase your odds of success. It is best not to try independently because you will have to wait a whole year to try again if you are unsuccessful.
How do you get around a revoked license?
If your license is revoked, you can use public transportation, Uber/Lyft, carpool, walk, or bike. You will have to appeal for license restoration to get your driver’s license back.
Driver’s License Restoration Attorneys
The Defense Team at LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully representing clients at the DAAD and Circuit Court. Our lawyers have an unparalleled track record for securing the restoration of driving privileges for our clients. If you call us, we will take the time to talk with you, answer your questions, and address your concerns. We will find a way to help you with fair, affordable legal fees.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.