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Troy MI License Restoration Blog

Thursday, March 12, 2015

REFUSING A BREATH TEST: THE REST OF THE STORY

Recently I wrote an article regarding the ramifications of refusing a Breathalyzer test. Due to the rather punitive penalties for such a decision, I would never opine on whether or not it is a wise thing to do.

If you are being stopped for whatever reason and you had been drinking previously, a number of considerations must be evaluated rather quickly when debating with yourself regarding taking the Breathalyzer or refusing.

How much have you had to drink over what period of time? When, what and how big was your last drink? How big are you (or small)? What is your BMI (body mass index)?

If you are requested to take the test and refuse, how long will it take for the officers to get a search warrant signed by a Judge? After that, how long will it take the officers to get to a facility to have your blood drawn? Are you way out in the boonies? Is your blood/alcohol level going down or up? This would be determined by judging how long before the blood draw all the questions posed above.

Clearly, with all there is to consider and weigh, it would be rather impossible for most anyone to accurately conclude the best course of action; BECAUSE, even if you are determined to be under the legal blood/alcohol limit and refuse the test, you can still be charged with refusing the Breathalyzer!!

That’s right, even if you are stone cold sober, if you refuse to take the test, you can still be charged with a refusal. And what are the ramifications of doing that?!? Not good!! If you request a hearing on the issue and win; GREAT, but the odds of this happening are not good. Basically the only way you win these types of hearings is if the officer does not show up for the hearing. They generally do. But, when facing a one year suspension (a second refusal within seven years is a two year suspension) because of the refusal what have you got to lose?? Sometimes the officer has other things that are more important. Sometimes they are not notified, by mistake. Maybe they are on vacation. There are endless scenarios that can result in the charge being dismissed at the hearing so, unless driving is not that important in your life, I usually suggest that the request for hearing be filed.

And it must be within 14 days of the ticket or you lose your window of opportunity.

The primary decision being made when deciding whether or not to take a Breathalyzer is, is maybe avoiding an OWI worth getting a six month suspension for the refusal?? What if the gamble doesn’t work and you end up with both? That is, you gamble on the timing because you think its been long enough since your last drink and its going to be a long time, again, in your estimation of things, before they can get your blood; they get your blood and your over the limit. Not only do you get slapped with the OWI but also the refusal....YOU LOSE….big time!!

Generally, not being a gambling man, I say just submit, no sense in making a potentially bad situation worse. Then, be as polite as possible. No sense in getting an A/R/O piled on (assaulting/resisting/obstructing).

At any rate, call me to discuss your options and best course of action, the sooner the better.

The Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550.

Thursday, March 5, 2015

DAAD HEARINGS: JUST BECAUSE YOU 'CAN' REPRESENT YOURSELF DOESN'T MEAN YOU SHOULD

Remember that commercial (I think they were selling insurance) where the guy is sitting at the kitchen table with a butter knife in hand while on the phone talking to his doctor. You can hear the doctor on the other end of the line saying, “now make the incision between the fourth and fifth rib…” and the guy sitting there, mouth agape, staring blankly forward says, “shouldn’t you be doing this doc?” Hilarious!!

Although the vast majority of my clientele would never dream of doing a DAAD hearing without the benefit of having an experienced attorney in this field to help guide them through the process, some will…and then they’ll hire me to fix the mess.

My first thought is, “hasn’t a one year or possibly a five year revocation been long enough?”  With only one shot per year why would anyone, that has anything going for themselves, risk another year tacked onto  a revocation period? How in the world does one accomplish the things in their busy lives without a license to drive? Do they risk it?!? Some do, but…most of those end up with driving while license revoked misdemeanors that they must face before considering a bid for reinstated driving privileges.

This dilemma poses many obstacles to getting back on the road. First, another judge must be confronted. Possible jail may ensue; judges just hate it when their orders are ignored (a revocation of driving privileges is an order, albeit from the Secretary of State, but reinforced by the courts).

Next, the esteemed prior Governor of the State of Michigan imposed what is referred to as a driver responsibility fee (tax) on various driving infractions…driving on a revoked license is one of them. This tax is levied annually for two years. Ouch!! Of course this is in addition to the attorney fees, court fines and costs, and, not least of which,  the imposition heaped upon a good friend or relative or perhaps a spouse to cart your ass around for the next year . You think this won’t test a relationship?? Think again!!

Finally, when you eventually do get in front of a DAAD hearing officer, he is the next “judge like” person you must answer to. They hate their orders being ignored even more than the district court judge you must face first. I hope the point has been made; going it alone regarding DAAD hearings is pure folly.

I have been helping people get reinstated for almost 25 years and I specialize in this area of the law. When you want the best odds possible in your favor you should be calling me. My staff and I are not only there for any and all questions you may have during the process, but we prepare you to the nines. Our work-up leaves no stone unturned; my substance abuse evaluator has been vetted and is the best I have found in nearly 25 years. She makes no mistakes, is personable, professional and accommodating. In addition, I make this phase of the preparation as convenient as possible by having the evaluation done in house. This especially accommodates my out of town clients by eliminating another address they have to find and get to. It’s a one stop event. Prep with me for a couple of hours, meet with Linda for your substance abuse evaluation, and, on your way back home stop for a ten minute, 10-panel drug screen located just minutes away from my office.

Don’t risk being denied driving privileges for any longer than the State of Michigan originally revoked you for. Call the Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550.

Wednesday, February 25, 2015

Michigan's Implied Consent Law and Blood Alcohol Testing

What happens if I refuse testing for DUI?

If you are pulled over by law enforcement for suspicion of operating while intoxicated (OWI), you will likely be required to take a chemical test (breath or blood) to determine if your blood alcohol content (BAC) is above the legal limit. If you take a test, it may show you are not intoxicated; it may also show (accurately or not) that you are legally intoxicated, which may lead to criminal charges. Alternatively, you could refuse to take the test.

Under Michigan's implied consent law, someone driving on a public road is giving his or her implied consent to be tested for OWI (often referred to as DUI). If you are pulled over because a police officer believes you are intoxicated and asks you to take a chemical test and you refuse, there are penalties.

If you refuse a breath test, there will be a fine of $150, and the officer could use this refusal (with other evidence) as probable cause to arrest you for OWI. Once arrested, you should be told you can take additional tests and the results could be used against you at trial. If you make further refusals in police custody, your license will be revoked and you will be issued a temporary paper license. You will then be given a written notice indicating that you have 14 days to request a hearing to challenge the suspension.

The penalties for those refusing blood or urine tests start with a one year suspension of your license. This increases to two years if this is your second refusal or any subsequent refusal within the past seven years.

Just because you refuse to give consent to a chemical test does not mean you will not get one. The officer can get a court order that requires you to take a test.

If you or a loved one has been charged with OWI, you need an experienced defense attorney who can help protect your rights and prevent the suspension of your license. Call Martin T. Lievois today for a free phone consultation. In Troy, call (248)419-1566, and in Flint, call (810)250-4550.


Tuesday, February 24, 2015

Plea Bargaining In Drunk or Drugged Driving Matters

Should I Enter a Plea Bargain to Resolve My DUI Case?

Most criminal cases are resolved through an agreement between the defendant and the prosecutor. These agreements are commonly referred to as plea bargains and usually involve a compromise including a plea of guilty for a shorter sentence or less serious charge. Plea bargains are popular because both the prosecution and defense have incentives to avoid a full trial. Criminal trials are usually time consuming and expensive. In addition to sparing the parties the expense of time and money, plea bargains allow a defendant to avoid risking a finding of guilt with all the potential punishment that comes along with it. These agreements are encouraged by the court system because of overburdened dockets and overcrowded detention centers.

A defendant may agree to plead guilty for:
• A lesser charge than the one he or she originally faced;
• In exchange for a more lenient sentence; and/or 
• So that other related charges could be dismissed. 

Many factors go into deciding whether or not to agree to a plea bargain, including the seriousness of the charge, the relative strength and weakness of the evidence, whether the law being applied to the facts is clear or not and the chances of a guilty verdict. 

The benefits of a plea bargain are worth considering:
• If a case is decided at a trial, the defendant may be found not guilty. But, he or she also may be found guilty and serve the maximum sentence. Most people prefer certainty and want to avoid the risk involved with a trial verdict.
• A defendant may be able to plead guilty to a lesser charge and avoid having to spend time in jail, and the practical problems that come with a jail sentence such as losing his or her job and being labeled a criminal.
• Many plea bargains involve a guilty plea to a less severe charge. Pleading to a lesser charge may result in fewer consequences in the future.
• The prosecutor may also offer a lesser sentence in exchange for a guilty plea. Though not as attractive an offer as a reduction in the charge, the difference in time served is important.
• Defendants can put the issue behind them and move on more quickly, instead of grinding through the criminal trial process.

Plea bargains are available in a variety of criminal cases, including those involving driving under the influence and driving while intoxicated. Though Martin Lievois works hard to protect his clients’ rights and freedoms, often the best option is to accept a plea bargain. If you or a family member are facing DUI charges and you want to discuss your options, call Michigan DUI and DWI defense attorney Martin Lievois in Troy at (248)419-0566 or in Flint at (810)250-4550 today.


Sunday, February 22, 2015

HIGH BAC (BREATH ALCOHOL CONTENT) BUSINESS IS BOOMING

I remember thinking when computers first came out; “I can get by just fine without concerning myself with this new, totally foreign thing.” How far from reality was that thought!!??

As we grow older we all come to realize that things change. In the legal field, things could not be truer, and, generally speaking, when they do it’s not usually for the better for those being charged with a crime.

Case in point, high BAC’s. When this law was initially written, it could only be prosecuted at the State level, meaning only the State Prosecutor could charge the crime and prosecute it. Therefore, if a non-State Trooper (e.g. city, township or village police officer) stopped someone and that person blew a .17 or higher, that matter, if it was the desire for that entity (city, township or village) to in fact have that person charged with the more severe drunk driving charge, then it would have to be turned over to the State Prosecutor for prosecution. (City, township and village prosecutors can only prosecute local ordinance violations and State Prosecutors can only prosecute state law violations.)

Perhaps you can see where this is going….if it has to be turned over to the State Prosecutor then the local entity does not get the proceeds from the prosecution. And, as I have repeatedly said and believe, “it’s all about the money”. Perhaps not entirely, after all there is the benevolent endeavor of laws to keep people safe, but for the most part it’s all about the cold hard cash.

Well, as with most loopholes, they get fixed, at least the ones that the powers to be want to have fixed.

In this regard, our very efficient and business minded Governor has signed into law the ability for local ordinances to be written allowing these entities to cash in on these violations. Big bummer for lawyers and their clients. Well, at least the lawyers that care about getting their clients out of as much trouble as possible!! 

Heretofore, the local police would merely process the case as a non-high BAC matter in order to keep it within the realm of “ordinance violations” to get the cash. Now, that is not necessary.

Local prosecutors can, and do, write the higher and much more punitive drunk driving violation.

This act increases everything! It bumps up all remedies available to a judge as punishment, some discretionary some mandatory. It increases fines, costs, community service, rehabilitative services, and, of course, attorney fees. And guess what!?! Now that communities have been incentivized, the uptick in high BAC tickets has been noticeable.

Nonetheless, the experienced lawyer who has dealt with these types of matters, as I have, still has a number of “tricks” if you will, to deal with the problem. To be sure, Getting charged with a high BAC is not to be trivialized. It is a big deal. People DO go to jail over it. Not always, but at a much higher rate than for the garden variety DUI/DWI.

Being charged with a high BAC needs to be aggressively confronted. The sooner the better! The longer you vacillate the more damage you do. Get started immediately and get out in front of the problem.

Call the Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550.

Monday, February 16, 2015

SO YOU THINK YOUR CRIMINAL CASE IS RESOLVED: BEWARE OF RESTITUTION!!!

 Many criminal cases can be resolved without worrying about restitution because economic damage to the victim is not applicable. However, where it is an issue the client must be advised of the exposure and a plan of action needs to be developed.

Arguably keeping the client out of jail/prison is the foremost concern for both the attorney and client. And, for the most part, in the majority of criminal cases restitution is not an issue. Many criminal cases are what the industry calls “victimless” crimes. For example, possession of illegal drugs, or, use of the same would be examples of victimless crimes. In other words there would be no victim that would be standing there with his hand out waiting to be compensated for damages as a result of criminal activity waged against him.

A victim of MDOP (malicious destruction of property) would be entitled to money damages as a result of whatever property of his that was destroyed, etc..

So often the focus of resolving a criminal for the client revolves around the issue of jail/prison time and what can be done to minimize or eliminate it. Restitution unfortunately is often overlooked and the client in many instances is unpleasantly shocked when he realizes he is on the hook for perhaps thousands of dollars in damages. The goal of the court is not to enrich the victim beyond his actual damages but rather to put him back in the position he enjoyed before the economic loss.

Often times this can get tricky. Some less scrupulous “victims” try to inflate their losses in order to “get paid” beyond that which they are entitled. At the very least the attorney has the obligation to appraise the client of the likelihood of the issue of restitution so that he may be prepared and anticipate the added costs involved in challenging any inappropriate demands of the victim.

When restitution is inflated the attorney must object to those items not related to the damages stemming from the incident. These “inappropriate” items, if any, will appear in the PSI (pre-sentence investigation report). This issue makes it clear why the attorney has the right, pursuant to statute, to have for review, the PSI two days prior to the sentencing. It is disadvantageous to the client to have to review the PSI for the first time directly before sentencing.

PSI, the attorney must request a restitution hearing which then will be scheduled for another day. Depending on the amount of money at issue, the amount of preparation will vary from case to case; however, careful preparation must nonetheless be done. Nothing can be taken for granted due to the fact that the standard of proof for the judge to consider regarding restitution hearings is a “preponderance of the evidence”. This standard is the easiest of hurdles for the victim to navigate. It requires the judge only to find that the evidence tips the scale in the slightest of degrees in favor of the victim.

Do not leave restitution out of the preliminary discussions when evaluating a criminal case when damages to the victim are a reality. Call the Law Offices of Martin Lievois and keep your money to which the victim is not entitled. In Flint at 810-419-1566,or in Troy at 248-250-4550.

Thursday, February 5, 2015

HEROIN CASES ON THE RISE IN NORTH OAKLAND COUNTY

This article is somewhat of a continuation of an earlier blog post regarding the illegal use of prescription drugs. In that article I spoke of the rising incidents of children helping themselves to unlocked medicine cabinets and the bounty of opiates they may find which are appropriately prescribed to their parents or other household members.

Don’t fall prey to the thought, “well, that’s not my kids”. Unprotected drugs are not worth the risk.  And, once an opiate habit is developed getting off it can prove to be very difficult and expensive. Moreover the rate of recidivism amongst opiate addicts is VERY high.

This problem is no longer an inner city problem. It has spread from the ghetto to suburbia and farther out rural areas.

In Brandon Township, a part of North Oakland County, a 24 year old man overdosed in the parking lot of a Citgo gas station pretty much right in the middle of that town. On January 16 2015, police arrived to see the driver of the vehicle trying to pull the unconscious man from his car that was running. The passenger was pale and unresponsive. His breathing was shallow; he was drenched in sweat with a belt still tied around his arm.

The driver stated they had bought heroin in Detroit and the “friend” just overdosed while in the gas station parking lot. Both men are Brandon township residents.

If the unconscious man lives he will be charged with possession of Heroin, a four year felony!

The driver will be charged with possession of marijuana which was found in the console.

Lt. Brent Miles of the OCSO (Oakland County Sheriff’s Office), stated that Heroin cases are up MORE than 230 percent from 2013.

He believes, and so do I, that the increase is due in large part to the cheap cost of the drug. Drug dealers are seeing an opportunity and they are capitalizing on it. More of the drug is being smuggled into the Country due to the demand. The cheap price in part is a reflection of the competition for the influx of new addicts.

As I have stated before, another considerable contributing factor for the explosion of Heroin users is that, once junior can no longer help himself to grandmas Oxycontin that she legally takes to say fight the pain of cancer, he must turn to the street to purchase them. And, when an 80mg oxy costs $80.00 on the street, it’s not going to be too long before he starts buying bindles of Heroin for $10.00 each. Of course junior would most likely start using the Heroin by smoking it or snorting it but it doesn’t take long before he does not get the same affect and begins injecting it. Life becomes very precarious at this juncture. Lt. Miles claims that although there are cases where they use long-term, but it's rare, they usually don't last that long.

If a family member or friend finds himself/herself in this type of situation early intervention can have a significant impact on how a criminal case proceeds thru court, and, ultimately, how it is resolved. Your first step should be to call the Law Offices of Martin Lievois in Troy at 248-419-0566 or in Flint at 810-250-4550.



Friday, January 30, 2015

Sobriety Check-Points

What Should I Do at a Sobriety Check-point?

Sobriety check-points occur when police shut down a roadway, observe drivers to see if there are any signs of intoxication or other legal violations and randomly question motorists. This is a method commonly used by the police to arrest intoxicated drivers.  Although the method is perfectly legitimate, police must abide by certain laws when conducting a sobriety checkpoint.

The U.S. Supreme Court set the rules for these checkpoints in a Michigan case, Michigan Department of State Police v. Sitz. In this case, a number of motorists challenged the constitutionality of check-points set up by the Michigan State Police. Of the 126 motorists passing through the check-point, three motorists were asked to pull over. The Court decided that the check-point was not an overwhelming intrusion on individual's right to privacy under the Fourth Amendment.

The court ruled that whether such a check point violated the rights of motorists should be determined by balancing a number of factors.  These include the state's interest in preventing accidents caused by drunk drivers, the effectiveness of the check- points in reaching that goal, and  the level of intrusion on a driver’s constitutional right to privacy caused by the check-point.

When there is a check-point drivers need to be put on notice of its purpose and there must be a way for drivers to avoid it safely if they wish to do so. If the driver does not want to go through such a checkpoint, for whatever reason, there should be a way to drive around or away from it.

Police, strictly speaking, do not have the right to check driver's licenses or registrations if the stop is not caused by a violation of the law. However, if there is reasonable suspicion of illegal conduct they may ask for these documents.
A driver never needs to consent to a police search of his or her person or vehicle. There may be such a search, without this consent, when there is probable cause to believe a vehicle contains contraband or the “fruits or instrumentalities” of a crime, when the driver is under arrest or when after looking at passenger compartment from outside the vehicle, illegal articles are in plain view.

If you drive through such a check-point, it makes sense to cooperate. Failing to roll down your window when asked may give the officer a reason to pull you over.  You can politely refuse to answer the officer's questions as admissions of drinking or being intoxicated can be used against you. You can also refuse to perform field sobriety tests. If you choose to do this, the officer can either decide that there is not enough evidence to arrest you or ask that you take a chemical test by breath or blood. Such tests may provide evidence leading to a DUI arrest, but a refusal has its own consequences (a license suspension).

If you are facing DUI or other charges due to a police check-point, call Michigan criminal defense attorney Martin T. Lievois in Troy at (248)419-1566 or in Flint at (810)250-2550. 


Tuesday, January 27, 2015

HOW MUCH MONEY SHOULD YOU PAY FOR A LAWYER?

After having practiced for well over twenty years, looking back on how I set fees for various representations reveals a constantly evolving procedure.

My upbringing was of Middle America where talking about money was gauche. We never knew how much money our parents made and it was made clear to me and my six siblings that that was not a topic for discussion between parents and children.

So, while it somewhat alarmed me when my dad would, on occasion, say to me things like, “Mart, you had better get a good job when you grow up!” (usually this kind of comment would spew from my father’s lips when I would asked him to buy me something a little pricey or something he didn’t think I needed.), I never really understood the relationship between how much work it took to be able to buy certain things.

These things became apparent only when I was thrust out into the world to experience life first hand. It was then that I realized how much money it took to do things. OUCH!! My dad’s words became crystal clear. Things are expensive! Once I realized how much work it took to earn whatever amount of money, I understood the importance of value.

Once I understood value in conjunction with the cost of things, I started to reevaluate some of my childhood wants and desires. I no longer wanted to live in a mansion because I understood the value to me was not worth the amount of work it would take to purchase, and maintain, such an extravagance. So too went thoughts of a private island with the offshore racer docked out back and of course the custom fitted Boeing 747 to get us there. The naïveté of childhood!!

When I became an attorney the same type of uncertainty flooded back into my consciousness when it came to fees. How much are my services worth?? How do I know how much to charge?? What’s fair?? How can I look to other attorneys and what they charge when prices vary so wildly for the same type of case?!? Why attorney’s in different areas charge different prices for the same type of work???

Beyond having a broad spectrum of prices from lowest cost attorney to highest, I began to realize that my prices were going to be based on a number a factors but mostly guided by integrity, fairness and value.

When I listen to some attorneys trying to justify their high prices to a lay person I just shake my head in disgust. Most lay persons do not understand that certain types of “garden variety” cases have predictable outcomes. REGARDLESS OF WHOM THE ATTORNEY IS.

Don’t get overcharged! Don’t buy a nuclear device when a flyswatter can do the job (and actually can do it better because the same result is accomplished for half the price). Don’t line daddy war bucks pockets with his inflated prices just so he can make his vacation home payment on your back…think value!!

With twenty-five years of experience under my belt and my integrity firmly affixed, the value of my services is hard to beat. I enjoy fighting the good fight for my clients and I love winning!!  And deep down, at the end of the day I never have to feel like a scumbag for wrestling every last possible red cent out of my client based on some type of strained logic/justification.

Getting a good lawyer without overpaying for his services is but a phone call away. When you need help combined with experience, passion and integrity,  call the Law Offices of Martin Lievois in Troy at 248-419-0566 or in Flint at 810-250-4550.

Monday, January 26, 2015

THE BEST WAY TO WIN DAAD HEARINGS

Thinking back on my first DAAD hearing in front of Mr. Olds on the seventh floor of the State building in downtown Flint nearly 25 years ago, I cringe at thinking how little I knew about what was going to transpire in the quickly approaching hearing just moments away.

How were these “hearing officers” going to act? Were they going to be in robes?  Was the hearing going to be private? Would it be a cattle call where everybody who has hearings gathers in one room and then the hearings are conducted one by one but in front of everyone else? What would be the procedure?

It’s kind of funny to say, but something no one thinks about is who says what and when; as a defense attorney, something as simple as this unknown creates stress.

Many hearings later, I can now look back at all the Hearing Officers that have come and gone, all the various hearing locations, all the rules and regulation changes and finally all the various issues that accompany the widely divergent clients over the years.

The one common denominator for every client is the urgency with which they need relief. They all need their driver’s license restored yesterday!!! The stress and anxiety clients have over this is palpable. Conversely, the relief and elation a client shows after the hearing is so very satisfying to me….it certainly makes that hour long drive back to the office most enjoyable.

So, nowadays when I meet with a new client and I hear them recount prior experiences with unsuccessful hearings and how the attorney approached the whole case is disheartening to say the least. I cannot recall all the clients that have said things like, “my other attorney didn’t have me do this”, or “the only time I saw my attorney is when we met at the hearing”.

These hearings take meticulous preparation and time must be spent with the client before the hearing. Questions and answers must be reviewed; testimonial letters must also be reviewed, and, most often revised.  And little details like map-questing the hearing location for the client and where to go sit when they get to their, are some of the details which should not be ignored. Anything that helps alleviate stress and anxiety for the client serves to ensure a smoother, glitch free hearing, and the smoother the hearing, the greater the odds for success.

As I have repeated over and over in past blog articles the client gets only one hearing per year!! By the time they come to my office for relief the client has already suffered through many hardships getting around and through day to day living. So take advantage of all my trials and tribulations, all my hearing experience, my passion for helping people and winning and the dedication to my clients needs.

When you cannot afford to gamble, when you need the best odds for getting your driver’s license restored, call the Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550.

Sunday, January 25, 2015

NON-MICHIGAN RESIDENT? VISITING MICHIGAN? CONVICTED OF 2ND DUI IN MICHIGAN? YOUR DRIVING ON BORROWED TIME!!

Many people currently facing this dilemma are not even aware of their peril. They will find out soon enough.

The fact is, whatever the nature of your visit to Michigan, be it business or pleasure, if you find yourself in the unenviable position of pleading to a 2nd drinking and driving offense in this State, the Secretary of State will, upon receiving notice of the conviction, revoke the Out-of-State drivers’ privileges to use his license to drive in Michigan. Because that’s all Out-of-State driver had, that is, Michigan’s approval of Out-of-State driver using his home States’ license to establish driving privileges in Michigan. And, conversely, that’s all Michigan has the power to do. Michigan has no power to suspend or revoke a license issued by another State but the State can revoke Out-of-State drivers’ privileges to drive here in Michigan.

 These “privileges” are revoked from between 1-5 years and until a successful petition is granted by the DAAD (drivers assessment and appeal division) of the Michigan Secretary of State. The period of revocation is dictated by the amount of convictions one compiles within a specific time frame, i.e.:

  • 2 convictions within 7 years will saddle driver with a one year revocation, and;
  • 3 convictions within 10 years will penalize driver with a five year revocation.

The problem can be compounded by the delay before the driver becomes aware. This “awareness” punches driver in the face usually when they go to re-new their license. This is when the driver’s home DMV conducts a check of the network. At this point the check will expose the Michigan driving sanctions. It will show up as a “hold” on the driver’s privileges in Michigan. The DMV will deny driver’s request to re-new his home State driver’s license until he “clears” the hold in Michigan.

 Subsequent revelations will undoubtedly worsen drivers’ already anxious state of mind. YES, you do have to go to Michigan to deal with it!!

But getting back to that delay… consider this, in Michigan a driver re-news his license every four years; if Out-of-State driver picks up a 2nd drinking and driving conviction  in Michigan and just re-newed  his home State license, he may have another four years before he goes to re-new. If his DMV never has a reason to check drivers’ record, they may not discover it until driver goes to re-new. So drivers’ ability to resolve the revocation will have been delayed by three years. (Remember he has a one year revocation whether he knows about it or not.)

The best approach follows an old adage, “knowledge is power”. If you received a 2nd or 3rd drinking and or drugging and driving in Michigan and are an out-of-State resident, call the Law Offices of Martin Lievois in Troy at 248-419-1566 or in Flint at 810-250-4550. Hard revocations are mandatory but the day they expire is the day driver is eligible for relief; the longer you wait the longer your life is on hold.



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