Winning a DAAD Hearing (or a DLAD hearing)
“How do I win a driver’s license appeal hearing with the Michigan Department of State?” With the right lawyer, you can win on the first try.
It is Possible to Win a DAAD Appeal the First Time
Winning a DAAD hearing and getting your driver’s license restored is possible. The process is highly complicated, and winning takes near-perfect preparation. The DLAD is called the Drivers Assessment and Appeal Division (DAAD). With top-notch preparation and credible, persuasive evidence,
Although many people and lawyers may dispute it, it is possible to win a DAAD hearing on the first attempt. The Driver’s License Restoration Lawyers with LEWIS & DICKSTEIN, P.L.L.C. are almost always successful with the Driver’s License Appeal Division. Winning a DAAD appeal takes impeccable preparation and thoughtful attention to detail.
Evidence Needed For a DAAD Appeal
The law in Michigan requires that all of the evidence for the DAAD hearing officer be prepared and filed along with the Request for a Hearing. It takes about six weeks to get a hearing after your lawyer files the request with the Michigan Department of State.
According to the Secretary of State, a habitual offender requesting restoration must submit a current substance abuse evaluation and three or more notarized letters attesting to your sobriety. A habitual offender has multiple convictions for DUI, OWI, Impaired Driving, and OWPD. If a person requests full restoration after successfully obtaining a restricted license, they must submit an ignition interlock Final Report.
So if you provide all the information, shouldn’t you win a DAAD hearing? Unfortunately, the answer is “no.” We have found through decades of experience that hearing officers require much more than the Department of State tells you on their website. The hearing officers are often like prosecutors and look for reasons to deny relief.
Letters of Community Support for DAAD Hearing
You will need between 3 and 7 letters of community support attesting to your long-term sobriety. The letters must contain every element the hearing officer requires, or they will disregard them in their entirety. Over several decades and hundreds of DAAD appeals, the DAAD Restoration Team with LEWIS & DICKSTEIN, P.L.L.C. has developed the experience to assist our clients in drafting letters that meet the necessary criteria. Also, we help our clients format the letters in a persuasive, professional manner. The letters must be accurate, truthful, and state all the essential information in the most compelling way possible.
Substance Abuse Evaluations
All substance abuse evaluations are not the same. Many evaluators have poor reputations with the Michigan Department of State. The DAAD hearing officers will be unforgiving if a substance abuse evaluation is not credible or incomplete. We have the experience to review the Substance Abuse Evaluation to ensure that it is complete and accurate and sets forth the information required to achieve restoration. A well-drafted, complete, and credible substance abuse evaluation is critical to winning a DAAD hearing.
Testimony at a DAAD Hearing
The DAAD hearing officer is a lawyer who will grill you on your sobriety. We take the time to work with our clients and teach them how to be effective, persuasive, and confident witnesses. Being a convincing witness takes careful planning and preparation. Petitioners generally have minimal experience testifying in court or at an administrative hearing, and lack of preparation can be fatal to an appeal. We will work with you so that you are comfortable, self-assured, and ready to convincingly tell your story of recovery.
The Burden of Proof at a DAAD Hearing
The burden of proof at a DAAD hearing is “Clear and Convincing Evidence.” Clear and convincing means compelling, credible evidence corroborating the petitioner’s claim that any substance or alcohol problem is under control and likely to remain under control. Additionally, they must be confident that you are not dangerous to yourself or others if you operate a motor vehicle. The stakes are high in this hearing, and the hearing officer will not want to take a chance on you if there is any doubt. LEWIS & DICKSTEIN, P.L.L.C. gives you the best possible chance to win a DAAD hearing and achieve driver’s license restoration.
Frequently Asked Questions
How do I get my Michigan driver’s license reinstated?
If you have a suspended license, you can pay a reinstatement fee and get your license back when the suspension expires. If you have a revoked license, you must apply to the Drivers’ Appeal and Assessment Division (DAAD) of the Michigan Department of State for license restoration. You can proceed without a lawyer; however, the odds of winning are much greater with the help of an experienced license restoration attorney.
How long does it take to get a revoked license back in Michigan?
If the Secretary of State revoked your license because of two OWI convictions within seven (7) years, you must wait at least one year from the date of license revocation. For three (3) or more OWI convictions within 10 years, you must wait at least five (5) years from the revocation date.
How long does it take to get a driver’s license hearing in Michigan?
Once you submit a completed application for license restoration to the Michigan Department of State’s Driver’s Appeal and Assessment Division, it takes approximately six to eight weeks to get a hearing.
How do I get my driving Licence back after it’s been revoked?
After a revocation, you can get your license back by proving to the Michigan DAAD that any issue you have with drugs or alcohol is under control and likely to stay under control. To prove your rehabilitation, you must submit a favorable alcohol evaluation, negative drug/alcohol test, letters of community support, and sufficient additional proof to demonstrate your long-term sobriety.
How do I get my license reinstated after a 2nd DUI in Michigan?
You must complete and submit a Petition for License Restoration and all the necessary evidence through the Michigan Department of State’s DAAD to petition for restoration and win a DAAD hearing. Winning takes much more than simply filing all the requested documents. The petition, letters, evaluation, corroborative evidence, and your testimony must be aligned, accurate, credible, and persuasive to win. The Driver’s License Restoration Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience and a track record of success helping clients achieve full license restoration following habitual alcohol or drug-related driving offenses.
Why hire LEWIS & DICKSTEIN, P.L.L.C.?
We have the experience, track record, and knowledge to help you win. A law firm gives you the advantage of a team of lawyers working together to help you rather than a solo practitioner or multi-practice lawyer. In our experience, the collective experience and knowledge of the attorneys at LEWIS & DICKSTEIN, P.L.L.C. has produced results that would not have been possible with just one lawyer, regardless of their expertise. If you try to win a DAAD hearing by hiring an inferior lawyer or trying on your own and losing, you will have to wait a full year to be eligible to request restoration, or you will have to hire a lawyer to appeal the outcome of the hearing to your local circuit court. There are times to bargain hunt, but not when it comes to your lawyer or your driver’s license. Don’t trust your fate to the lowest bidder.
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.