Prior to October 1, 1999, operators who received two convictions of OUIL/UBAC/OUID within seven years, or any combination of three convictions of OUIL/UBAC/OUID/OWI within ten years, were presumed to be habitual alcohol violators. After October 1, 1999, new legislation makes any combination of alcohol offenses under the Michigan Vehicle Code (the Code) (MCL 257.625) subject to a revocation. The law also provides that a person must be sanctioned under the law in effect at the time of arrest. Therefore, an arrest after October 1, 1999, would trigger application of the new law. At that time, the prior convictions on their record would be used for enhancement.

When licenses are revoked/denied it is for a minimum of one year for a first revocation, and for a minimum of five years for a subsequent revocation within seven years of a prior revocation. After the minimum period of license revocation the operator may apply for a hearing before the Driver Assessment and Appeal Division (DAAD) for relicensure. A completed substance abuse evaluation must be submitted before a hearing is scheduled.

A record of this proceeding is made in accordance with Section 322 of the Code for review by the circuit court if the Department's decision is appealed as provided by Section 323 of the Code. Revocation/denials are not subject to the general 14-day appeal period.

Applicants are provided with instructions on how to obtain relicensure several ways: 1) Order of Revocation, 2) Instructions are sent when a request for hearing is received from the petitioner, 3) a tape-recorded message with instructions is also available to ensure that petitioners are prepared for hearings (1 888 SOS-MICH or 1 888 767-6424) and that hearing time is used wisely. Unprepared petitioners should request the hearing be adjourned rather than fail to appear as they are not eligible for another hearing for up to one year from the date of the scheduled hearing.

The hearing officer shall not order that a license be issued to the petitioner unless the petitioner rebuts the presumption established by Section 303 of the Code by clear and convincing evidence. The burden of proof is on the petitioner.

Evidence relevant to rebuttal of the prima facie case includes:

• That the petitioner's alcohol or substance abuse problems, if any, are under control and likely to remain under control.
• That the petitioner represents a low or minimal risk of repeating the act of drunk driving or past abusive behavior.
• That the petitioner has the ability and motivation to drive safely and within the law.

The hearing officer shall require that the petitioner prove that he or she has completely abstained from the use of alcohol and controlled substances, except for those controlled substances prescribed by a licensed health care professional, for not less than six consecutive months immediately prior to the hearing, or has abstained for a period of not less than 12 consecutive months immediately prior to the hearing if the evidence considered at the hearing establishes that a longer period of abstinence is necessary. Such evidence requiring a longer period of sobriety includes:

• A 0.20 or more BAC on a chemical test.
• Three or more convictions of substance abuse-related offenses.
• Relapsing after attempting to bring a substance abuse problem under control.
• Being diagnosed by a professional as alcohol or controlled substance dependent.

Evidence such as letters and documentation of sobriety, proof of involvement with a treatment program or support program, an alcohol evaluation, etc., are encouraged to assist the hearing officer in making a decision whether to authorize restricted or full driving privileges. Hearing officers have final decision-making authority in the Department. There is no intra-Departmental appeal, but petitioners may file a Motion for Reconsideration in the event of newly discovered evidence, or a mistake of law or fact.

When drivers are approved to return to the road, hearing officers may authorize a restricted license or full privileges. If a restricted license is granted in accordance with Section 319(17) of the Code, hearing officers will order a general set of restrictions which include permission to drive to and from residence and place of employment and in the course of employment, to substance abuse treatment program and support group meetings, to regularly scheduled treatment for a serious medical condition for the person or a member of the person's household or immediate family, to court probation office and community service and to an educational institution. Section 319(18) of the Code requires operators to carry proof of destination and hours with them and to show this to a law enforcement officer, if stopped. Restriction specifics will no longer be carried on the file and will therefore not need updating.