Hardship Driver’s License Attorney
Under certain circumstances, it is possible to get a hardship license if your license has been suspended or revoked. The most common reason for seeking a hardship driver’s license is a suspension for an implied consent violation.
What is an implied consent suspension?
Suppose someone is arrested for suspicion of driving under the influence of alcohol. If the officer legally requests the driver submit to a breath or blood chemical test and the driver unreasonably refuses, the officer will report the refusal to the Michigan Secretary of State. The driver then has 14 days to request a hearing. If the driver fails to request a hearing, their driver’s license will be suspended for 1 year. If the driver gets an administrative hearing and does not have a legitimate reason for refusing to take a test, their license will be suspended. A suspension is a complete ban on driving. No restricted license or hardship driver’s license is possible from the Secretary of State with an implied consent suspension.
How to Get a Hardship Driver’s License
A hardship license can be requested from a circuit court judge if a driver’s license is suspended due to a first implied consent violation. If an individual loses their implied consent hearing with the Secretary of State or fails to request a hearing within 14 days, they can file a petition in the circuit court in the county where they were arrested.
The Hardship Petition has precise and complex requirements. It must be filed within 63 days unless there is a good reason for it to be filed later (maximum is 180 days). Most circuit court judges also require a substance abuse evaluation with a good to excellent prognosis and various other evidence to prove the driver will not be a danger to themselves or the public. The Michigan Attorney General’s office will represent the Secretary of State. The Assistant Attorney General assigned to the case can either be helpful or a significant hindrance depending on how the matter is handled and the persuasiveness and credibility of the petitioner’s evidence and lawyer.
Although someone can file for a hardship license without legal representation, it is highly recommended that they only proceed with an experienced lawyer with a proven and consistent track record of success. There is no “second bite at the apple.” If you lose, you will not drive again legally until the suspension is over.
An experienced lawyer can often negotiate with the Attorney General’s Office and reach an agreement for a hardship license. If an agreement is reached, no court hearing is necessary.
What is a hardship license?
A hardship driver’s license permits the person to drive:
- to drive only to and from the person’s residence and work location;
- in the course of the person’s employment or occupation;
- to and from an alcohol or drug education program or treatment program as ordered by a court;
- to and from the person’s residence and probation and court-ordered community service;
- and to and from the person’s home and school.
The restricted license also permits the individual to take any driving skills test required by the Secretary of State. Suppose the implied consent suspension occurred in connection with operating a commercial motor vehicle. In that case, the court cannot grant a restricted license that permits the person to operate a commercial motor vehicle. A restricted license is not available unless the person cannot take public transportation for work, alcohol or drug treatment, or school, and no family member or other person is available to drive them.
Experienced and Effective License Restoration Attorneys
The lawyers with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience and a track record of consistently and reliably winning driver’s license restoration cases and hardship appeals. We have a tried-and-true system for presenting the most compelling arguments and evidence on behalf of our clients. If you call us for a free consultation, we will take the time to talk with you, determine your eligibility for a driver’s license, and work with you to develop a winning strategy. We will find a way to help you.
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.