Medical Suspensions in Michigan: How to Win Your Hardship Appeal

Losing your driver’s license because of a medical condition can be frustrating, stressful, and disruptive to your daily life. In Michigan, the Secretary of State has the legal authority to suspend your license if they believe a physical or mental condition makes it unsafe for you to drive. This process is called a medical suspension, and it often catches drivers by surprise. Many people find themselves suddenly without driving privileges after a medical review or Driver Assessment Reexamination, even if their doctor believes they are capable of driving safely. Understanding how medical suspensions work, the role of the Physician’s Statement (DI-4P), and the process for filing a Hardship Appeal is essential if you want to get back on the road.

If your license has been suspended for medical reasons, you do not have to face the process alone. Experienced Oakland County license restoration lawyer Paul J. Tafelski can guide you through the complex administrative rules and legal procedures, giving you the best possible chance to win your Hardship Appeal. At Michigan Defense Law, our team of Michigan criminal defense attorneys understands how to build a strong case, from gathering the right medical evidence to presenting a persuasive argument in court. Call (248) 451-2200 today for a confidential consultation and let an attorney help you fight for your driving privileges.

How a Medical Condition Puts Your License Under Review

The Michigan Secretary of State (SOS) does not arbitrarily decide to question or suspend a driver’s license. Its authority comes directly from the Michigan Vehicle Code and corresponding administrative rules, which empower the state to reexamine any driver believed to be physically or mentally unfit to operate a motor vehicle. This authority reflects the state’s duty to protect public safety, ensuring that those behind the wheel have the capacity to drive safely and responsibly.

However, the way a driver comes under the SOS’s scrutiny is often misunderstood. It is not always the result of a traffic violation or an obvious accident. Instead, the SOS receives information from specific, legally recognized channels.

Information Pathways to the SOS

The state typically becomes aware of a potential medical issue through one of three main sources:

Physician Reports

A treating doctor who diagnoses a condition they believe may impair driving can report it to the SOS. Michigan law does not require physicians to report every such condition, but it grants them immunity from civil or criminal liability when they make a report in good faith. This protection encourages candid communication about safety concerns without fear of legal repercussions.

Police Officer Reports

During a traffic stop or accident investigation, a law enforcement officer may notice signs of a medical impairment. If so, the officer can file a Request for Driver Evaluation (Form OC-88) with the SOS, formally initiating the reexamination process.

Family or Citizen Concerns

A family member, friend, or other concerned individual may also submit Form OC-88 if they believe someone’s medical condition makes them unsafe to drive. While the SOS will not accept anonymous submissions, it keeps the reporter’s identity confidential to the extent allowed by law, helping prevent retaliation.

Common Medical Conditions Under Scrutiny

Any condition that compromises safe driving can trigger a license review, but some appear more frequently in these cases:

• Seizure disorders such as epilepsy that involve loss of consciousness or control
• Vision problems like glaucoma, cataracts, macular degeneration, or diabetic retinopathy
• Diabetes complications, especially hypoglycemic episodes, causing confusion or blackouts
• Cardiovascular conditions, including heart arrhythmias or a history of stroke or heart attack
• Physical disabilities that limit strength, dexterity, or range of motion
• Cognitive or psychiatric disorders such as dementia, Alzheimer’s, or other conditions affecting judgment and reaction time

A key and often surprising point is that the SOS is not bound by your physician’s opinion. Even if your doctor states you are fit to drive, the SOS may still suspend your license based on its own evaluation. While it employs health consultants, their role is purely advisory. The final decision rests with a Driver Assessment analyst applying administrative rules, not making a medical diagnosis.

Because of this, legal professionals often note that the SOS can act aggressively in suspending licenses for conditions that may be safely managed. A medical suspension is not just a medical matter; it is an administrative and legal challenge. Winning your hardship appeal requires building a complete evidentiary record that meets the state’s exacting safety criteria, which may differ greatly from your doctor’s assessment. This is where targeted legal strategy becomes critical.

The Driver Assessment Reexamination

The formal process begins when you receive a “Notice to Appear” in the mail from the Michigan Secretary of State. This letter will schedule you for a Driver Assessment Reexamination at a specific date, time, and SOS location. In medical-related cases, this will be an in-person proceeding where the state evaluates your fitness to drive directly.

What to Expect at the Reexamination

The reexamination is conducted by a Driver Assessment analyst. They are SOS employees who apply administrative rules to determine whether you can retain your driving privileges.

A typical reexamination includes the following components:

• The Interview: You will take part in a recorded interview with the analyst. They will review your driving history, discuss the medical concerns that led to the review, and go over any documents you have submitted.
• The Tests: You may be required to complete one or more evaluations, such as:
• Vision Screening: Basic checks to ensure you meet minimum sensory requirements for safe driving.
• Written knowledge test: Based on the “What Every Driver Must Know” manual.
• On-road driving performance test: Conducted in your own vehicle, with the analyst observing your skills from the passenger seat.

The Role of Medical Documentation

Medical evidence plays a central role in the reexamination. You must submit a current Physician’s Statement of Examination (Form DI-4P), which is the SOS’s official form for your doctor to report on your condition. The analyst will carefully review this form and weigh it heavily when deciding the outcome. However, the analyst is not obligated to accept your doctor’s conclusions and may interpret the information differently.

Possible Outcomes

At the conclusion of the reexamination, the analyst will issue an Order of Action. There are four possible results:

• No Action: Your driving privileges remain unchanged.
• Restriction: You keep your license but must comply with specific limitations, such as driving only during daylight, avoiding highways, or using adaptive vehicle equipment.
• Suspension: Your license is taken away for a set period, such as six months or one year. This outcome makes you eligible to pursue a Hardship Appeal in Circuit Court.
• Revocation: Your license is canceled indefinitely, with a waiting period of at least one to five years before you may reapply. Revocation is more severe than suspension and does not allow for a Hardship Appeal.

It is a serious mistake to treat the reexamination as an informal test you can simply pass or fail. This is a formal administrative hearing, and everything you say, do, and submit becomes part of a permanent legal record. If the decision is unfavorable and you appeal to the Circuit Court, the judge will primarily review the record created during this reexamination. In some cases, the court may not allow you to present new evidence that was not included initially.

Entering this process unprepared, making statements that harm your case, or submitting incomplete medical documentation can significantly reduce your chances of success before you ever see a judge. This is your first and best opportunity to build a favorable record. Preparing with a well-developed legal strategy, ideally in consultation with an experienced attorney before you attend, is the most effective way to protect your driving privileges and position yourself for a positive outcome.

The Physician’s Statement (DI-4P Form)

In any medical license suspension case, the Physician’s Statement of Examination (Form DI-4P) is the single most important piece of evidence you will submit. This is not just another form. It is the official, state-sanctioned channel through which your doctor communicates your medical fitness to the Michigan Secretary of State. A weak, vague, or incomplete DI-4P is one of the most common reasons for a license suspension at the reexamination stage. Mastering this document is essential.

Dissecting the Form

The DI-4P form is designed to capture very specific information that the SOS analyst needs to apply administrative rules. The key sections include:

• Section 2: History: Disclose your complete medical history, checking boxes for any applicable conditions such as seizures, cardiovascular disease, diabetes, and others. Full honesty is critical. Any attempt to conceal a condition will be discovered and will damage your credibility.
• Section 5: General Questions for Physician: Your doctor must state how long they have been treating you and whether they have concerns about your physical or mental ability to operate a motor vehicle safely.
• Section 6: Physician’s Diagnosis and Treatment: This is the core of the document. Your physician must provide a clear diagnosis, the age of onset, the prognosis, a detailed treatment plan, and a complete list of all prescribed medications.
• Section 7: Physician’s Certification: Your doctor must indicate any recommended driving restrictions, whether periodic medical re-evaluations should be required, and whether an on-the-road driving evaluation is advised.

The “Magic Words” for a Winning Form

A strong DI-4P is more than a summary of your health. It must be drafted with the understanding that it is also a persuasive legal document. For episodic conditions such as seizures or fainting spells, Michigan Administrative Rule 257.854 requires a specific certification. The physician must state that your condition is under control and that all symptoms affecting safe driving have been absent for at least six months for a standard operator’s license, or 12 months for a commercial license. In some cases, this time frame can be waived with a strong and specific physician recommendation, but the default rule is strict.

The SOS analyst reviewing your case is not a doctor. They are a state employee tasked with applying the law to reduce public safety risks. Any vagueness or contradiction in the DI-4P creates uncertainty, and uncertainty almost always results in suspension. Statements like “Patient seems to be doing well” are insufficient. The form needs clear, confident language, for example: “The patient’s condition is stable and well-controlled with the prescribed treatment plan. In my professional medical opinion, the patient has the physical and mental ability to safely operate a motor vehicle without restrictions.”

Because of this, you must work closely with your physician before they complete the DI-4P. Many doctors, even with the best intentions, do not understand the legal impact of this form. They may complete it quickly or use medical jargon that is unclear to non-medical reviewers. An experienced attorney can guide your doctor on the exact legal standards the form must address. This ensures the language is direct, specific, and tailored to the state’s safety concerns, turning the DI-4P from a possible liability into the foundation of your defense.

Oakland County License Restoration Lawyer Paul J. Tafelski

Filing a Hardship Appeal in Circuit Court

If the Driver Assessment Reexamination results in a license suspension, your main legal remedy is to file a Hardship Appeal in Circuit Court. This option is available only for suspensions, which last for a set period of time. It is not available for revocations, which are indefinite. In a Hardship Appeal, you are asking a judge to grant you a restricted license because the suspension imposes an “undue hardship” on your life, such as preventing you from working, attending school, or meeting essential medical needs.

The Procedural Gauntlet

The Hardship Appeal process follows strict procedural requirements. Missing a step or failing to meet a deadline will almost always result in your case being dismissed. The key requirements are:

• File the Petition: You must start a civil lawsuit against the Secretary of State by filing a Petition for a Hardship Appeal.
• Choose the Correct Venue: The petition must be filed in the Circuit Court for the county where you live.
• Pay the Filing Fee: Because this is a civil case, you must pay the court’s filing fee, which is typically around $175.
• Properly Serve the State: All required documents must be legally served on the Michigan Attorney General’s office. The Attorney General represents the Secretary of State in these matters and will send an attorney to argue against your request.
• Meet Strict Deadlines: Under Michigan law (MCL 257.323), you must file your appeal within 63 days of the Secretary of State’s final decision. The court can extend this to 182 days only if you can show “good cause” for the delay. Missing these deadlines will end your appeal before it begins.

Step	Details	Notes
File the Petition	You must file a Petition for a Hardship Appeal to start a civil lawsuit against the Secretary of State.	Required to begin the legal process.
Choose the Correct Venue	The petition must be filed in the Circuit Court for the county where you live.	Filing in the wrong court may result in dismissal.
Pay the Filing Fee	The filing fee is typically around $175, depending on the county.	This is a standard fee for civil cases.
Properly Serve the State	Documents must be legally served on the Michigan Attorney General’s office.	Failure to serve correctly can stop the appeal.
Meet Strict Deadlines	You must file within 63 days of the final decision, or up to 182 days with good cause.	Late filings will be dismissed automatically.

Understanding Your Appeal Options

After a Driver Assessment Reexamination, you have three potential appeal paths. Each serves a distinct purpose, has its own filing location and deadline, and requires a different type of argument. Knowing which path applies to your case is critical to avoiding wasted time and resources.

Administrative Appeal

Filed with the Office of Hearings and Administrative Oversight (OHAO) within 14 days of the reexamination decision. This option is used when you believe the analyst made a factual error based on the evidence you presented at the hearing. You are not introducing new evidence here; you are arguing that the decision itself was incorrect given the facts already in the record.

Legal Appeal

Filed in your local County Circuit Court within 63 days of the Secretary of State’s final decision. This type of appeal is used to challenge legal mistakes. You may argue that the SOS acted in violation of the law, applied the wrong standard, or made a decision that was arbitrary or unreasonable. This appeal focuses on legal errors rather than hardship.

Hardship Appeal

Also filed in the County Circuit Court within 63 days of the final decision. This is the best path for drivers facing a medical suspension who can demonstrate that the suspension causes serious and specific harm to their ability to live and work, and that they are medically safe to drive. In a hardship case, you are not arguing the original decision was factually wrong or legally flawed; instead, you are asking the court to grant a restricted license as a matter of fairness and necessity.

Take Control of Your Medical Suspension Case

A medical suspension in Michigan is more than just a health matter; it is a legal and administrative challenge that can seriously affect your independence, livelihood, and quality of life. From the initial reexamination to the Hardship Appeal process, every step you take will shape the outcome. Success requires careful preparation, strong medical documentation, and a clear understanding of how the Michigan Secretary of State applies its rules.

If your license has been suspended for medical reasons, do not wait until deadlines are looming to get help. An experienced attorney can identify weaknesses in the state’s case, guide your doctor in completing the DI-4P form correctly, and present compelling arguments to the court. The dedicated Oakland County license restoration lawyers at Michigan Defense Law have the skill and experience to protect your driving privileges. Call (248) 451-2200 today for a confidential consultation and take the first step toward getting back on the road.