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Michigan Driver’s License Restoration Lawyers
Restoring Your Michigan Driver’s License After an OWI
Michigan revokes, rather than suspends, a driver’s license after a second operating-while-intoxicated conviction within seven years. A revocation terminates the driving privilege, and unlike a suspension, it does not lift on its own when the minimum period ends (MCL 257.303). The driver stays revoked until the Secretary of State grants a restoration after a formal hearing. That difference catches many people by surprise, because the date on the original order is only the first day a person becomes eligible to ask for the license back, not the day it returns.
Governing law: Revocation and reinstatement run through MCL 257.303 and MCL 257.323, with the hearing standard set by Rule 13 (Mich Admin Code R 257.313).
Where heard: Cases are decided by the Secretary of State’s Office of Hearings and Administrative Oversight (OHAO), formerly the DAAD.
Burden of proof: The petitioner must prove the case by clear and convincing evidence, a higher standard than the preponderance used in civil cases.
Eligibility timing: The minimum revocation is one year for two OWIs within seven years, or five years for three within ten.
Key requirement: A successful petition usually needs at least 12 months of documented sobriety, a substance use evaluation, and notarized support letters.
What to do now: Confirm the eligibility date and start building the record well before filing the request.
At Neumann Law Group, our Michigan license restoration lawyers help drivers across the Traverse City region rebuild driving privileges after an OWI revocation. The work pairs naturally with the OWI cases we defend, and many clients come to us after a second or third conviction through our Michigan OWI defense practice. A restoration case is won or lost on documentation and preparation, so the months before a hearing matter as much as the hearing itself.
How Does License Restoration Work After an OWI in Michigan?
License restoration hearings are decided by the Secretary of State’s Office of Hearings and Administrative Oversight (accessed 2026), known as the OHAO and formerly called the DAAD. An attorney hearing officer reviews the documents and testimony, applies the governing rule, and issues a written order. Most hearings are now held by video conference rather than in person.
The agency has changed names several times, moving from the Driver Assessment and Appeal Division to the Administrative Hearings Section and now to the OHAO, but the core process has stayed the same. A driver assembles an evidence package, requests a hearing, and appears before a hearing officer who is an attorney employed by the Secretary of State. A petition can be filed only once per year, which means a denial effectively extends the time without a license by another twelve months.
The petitioner carries the burden of proof, and the standard is clear and convincing evidence under Rule 13 (Mich Admin Code R 257.313). That standard sits above the preponderance test used in ordinary civil cases and below the beyond-a-reasonable-doubt standard used in criminal trials. In practice, a bare statement that a person is sober and intends to stay that way will not carry the burden without consistent supporting documents.
What Do You Have to Prove at a License Restoration Hearing?
Under Rule 13, the hearing officer cannot grant a license unless the petitioner proves several points by clear and convincing evidence: that any alcohol or substance use problem is under control and likely to remain under control, that the risk of repeating past abusive behavior is low, that the risk of driving impaired again is low, and that the person has the ability and motivation to drive safely within the law.
Meeting that burden takes a specific record. A Michigan restoration package generally includes the following:
- A current substance use evaluation completed on the Secretary of State’s form by an approved evaluator
- A laboratory drug screen, often a 10-panel or 12-panel test
- Several notarized letters of support describing the petitioner’s sobriety and lifestyle
- Evidence of recovery support, such as participation in a treatment program or a support group
- An interlock report, where a device has already been installed
Consistency across those documents is decisive. Hearing officers are trained to look for gaps between the evaluation, the letters, and the testimony, and a single unexplained discrepancy can sink an otherwise strong petition. Our team works with clients to align the record before anything is filed, because corrections are far harder to make after a denial.
A restoration case rewards early, careful preparation more than almost any other matter in driver licensing, and a significant share of first-time petitions are denied [VERIFY STATISTIC FROM SOS]. Our Michigan license restoration team reviews driving records, times the petition, and helps clients build the documented sobriety the OHAO expects. For a no-cost review of where your case stands, reach out to Neumann Law Group before you request a hearing.
How Long Is a Michigan License Revoked for Multiple OWIs?
A second OWI conviction within seven years generally triggers a minimum one-year revocation under MCL 257.303. A third conviction within ten years, or a new revocation within seven years of a prior one, generally triggers a minimum five-year revocation. Those minimums set only the eligibility date. Once the period passes, the license remains revoked until a driver petitions and wins a hearing, so the real timeline often runs longer than the order suggests.
When the OHAO grants a petition after a revocation, it usually issues a restricted license first, with a Breath Alcohol Ignition Interlock Device required under MCL 257.304. The order spells out where and when the driver may travel. After about a year of compliant interlock driving with no violations, the driver may petition again for full, unrestricted privileges. A failed interlock test, tampering, or a missed rolling retest can delay or undo that progress.
A denial is not the end of the road. A petitioner may appeal an OHAO order to the circuit court within 63 days under MCL 257.323, or correct the issues the hearing officer identified and refile the following year. Many drivers do better on a second, better-prepared petition than on a rushed first attempt.
What Is the Difference Between an Implied Consent Suspension and a Revocation?
A driver can lose a license two different ways after an arrest, and the paths are easy to confuse. A revocation follows a conviction for multiple OWIs and leads to the restoration process described above. An implied consent suspension, by contrast, follows a refusal of a chemical test. A first refusal carries an automatic one-year suspension and six points, and the driver has a 14-day window to request a hearing to contest it (MCL 257.625c).
Because the deadlines and the forums are different, the two situations call for different responses. Our firm handles both the criminal OWI case and the licensing consequences that follow, including the Traverse City OWI matters that often generate them. For drivers who qualify, a Northern Michigan sobriety court can offer a restricted license through a separate route while a person is still in treatment.
Frequently Asked Questions About Michigan License Restoration
How Do You Get Your License Back After an OWI in Michigan?
After a revocation for multiple OWI convictions, the license is not reinstated automatically when the minimum period ends. The driver must petition the Secretary of State’s Office of Hearings and Administrative Oversight, present a substance use evaluation, a drug screen, and notarized letters of support, and prove sobriety by clear and convincing evidence at a hearing under MCL 257.303.
What Is the OHAO (Formerly DAAD) Hearing?
The Office of Hearings and Administrative Oversight, formerly the Driver Assessment and Appeal Division, is the division of the Michigan Secretary of State that decides license restoration and clearance appeals. An attorney hearing officer reviews the evidence and testimony, applies Rule 13, and issues a written order. Hearings are conducted by video conference.
How Long Is Your License Revoked for Multiple OWIs in Michigan?
A second OWI conviction within seven years generally triggers a minimum one-year revocation under MCL 257.303. A third conviction within ten years, or a new revocation within seven years of a prior one, generally triggers a minimum five-year revocation. After the minimum period passes, the license stays revoked until the driver wins a restoration hearing.
How Much Sobriety Do You Need for a Michigan License Restoration?
Most hearing officers look for at least 12 consecutive months of documented abstinence from alcohol and other intoxicants, including marijuana, before granting a petition. Many cases are stronger with more time. The exact period depends on the driving and substance use history, so a driver should confirm the current expectation before filing.
Can You Get a Restricted License With an Ignition Interlock in Michigan?
Yes. When the OHAO grants a petition after a revocation, it usually issues a restricted license that requires a Breath Alcohol Ignition Interlock Device. After about a year of compliant interlock driving with no violations, the driver may petition again for full, unrestricted privileges.
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Speak with a Michigan Driver’s License Reinstatement Lawyer Today
Losing a license after an OWI revocation disrupts work, family, and medical care, and the restoration process is technical enough that small mistakes lead to year-long denials. The license restoration lawyers at Neumann Law Group prepare OWI restoration cases across Northern Michigan and travel to clients throughout the region. Call (800) 525-6386 for a free case evaluation, or reach us through our contact page to find out when your eligibility date arrives.