The Driver’s License Appeal Division, or the DLAD, is a part of the Secretary of State that is set up to deal with various types of driver’s license issues. For example, most people are familiar with the DLAD when they are searching for lawyers and are trying to get their driver’s license restored after having had two or more drunk driving convictions.
However, the Driver’s License Appeal Division handles a variety of other matters as well including appeals from branch offices or applications that were denied and driver assessment actions, where someone has lost their license because of a medical problem and want to attempt to have it restored. They also handle implied consent hearings which involve situations where someone refused to take a breathalyzer when they were arrested for driving under the influence. In that situation, the implied consent law in Michigan requires a driver to submit to a breath test when asked by a police officer and if the individual refuses he or she will get six 6 points on their driver’s license and it will be suspended for one year on a first offense. On a second offense, it will be suspended for two years.
Additionally the DLAD deals with appeals for license reinstatements following all revocations for habitual offenders with substance abuse convictions and appeals for license reinstatement following convictions for causing death or serious injury while intoxicated or impaired by alcohol or drugs.
Do All Repeat DUI Offenders Have Their Licenses Revoked?
Whether or not all repeat DUI offenders have their licenses revoked really depends on the timing of the convictions. For example, if someone gets a second DUI within seven years of a first DUI, his or her driver’s license will be revoked for one year. It doesn’t matter whether or not the convictions are for operating while intoxicated, zero tolerance or an OWI. Any combination of two drunk or drugged driving offenses within seven years will result in a one year revocation.
Additionally if someone gets another drunk or drugged driving offense conviction within seven years of the second, the revocation period will be five years. However, if an individual were to get another similar charge 10 or 20 years down the road, then the revocation penalty wouldn’t apply. It all depends upon the timing of the convictions.
How Important Is The First Hearing?
The first DLAD hearing is very important and there is a certain process that has to be followed. If the individual applying loses at this stage, they have to wait a full year to reapply. In other words, a person can only try once per year to their driver’s license back. Therefore, it is very important for people attempting this process to put their best foot forward, be thoroughly prepared and to understand exactly what they are getting into. These hearings are no joke and the hearing officers that take their jobs very seriously. These are not situations where as long as there is a hearing, a driver’s license is automatically reinstated. The hearing officers will deny a person if everything has not been done correctly.
With regards to a driver’s license suspension for having too many points on a license or for some other offense, the person’s license will be suspended for a specific period. For example, if someone’s license was suspended for 30 days or 6 months, at the end of that period, he or she can go into the Secretary of State’s office and pay the $125 reinstatement fee and leave with their license.
With a revocation, the privilege to drive has been taken away indefinitely until the person goes before the DLAD and is able to convince them he or she deserves to have that privilege reinstated. It is not an easy thing to do. It is very important that people understand that this is a serious process that they are getting involved in.
Do I need to bring Witnesses to my DLAD hearing in order to win?
Many people are convinced that they have to present live witnesses to convince the DLAD hearing officer that they deserve a drivers license.Not only is this not true but in most cases applicants are better off being the only witness in their hearing.As long as they are thoroughly prepared!
Many applicants make mistakes by bringing witnesses. Often these witnesses are not as familiar with the details of the applicants lives as they think. Hearing officers have several questions they use to set up witnesses to get caught lying. This happens because many witnesses are tying so hard to help their friend or loved one that they will try to answer questions that they really don’t know the answer to and end up giving wrong answers. These answers can be inconsistent with the answers given by the applicant and then the hearing officer is free to conclude that someone is lying and base their denial on this. Sometimes witnesses argue with hearing officers because they feel the applicant has been treated unfairly by the “system”. This is never helpful. Sometimes they minimize the amount the applicant used to drink trying to be helpful in a way that is inconsistent with the applicant. Sometimes they say the applicant drank more than the applicant testified about or give a different sobriety date. All of these issues can create a big problem.
There are occasions where witnesses can be very helpful.There are also many cases where they will cause more harm than good and should be avoided.Help analyzing these strategic decisions are part of the benefit you receive when you utilize an experienced law firm like ours.
For more information on Driver Assessment And Appeals Division, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 451-2200 today.