Steven Stelmach, Jr. P.C. offers legal advice and representation in Michigan Drunk Driving.   If your Michigan driver's license has been suspended for non-drunk driving reasons, Steven Stelmach, Jr. can get it back, at least on a restricted basis, until it is fully restored at the end of your suspension period.

If it has been revoked for drunk driving offenses, Steven Stelmach, Jr. can get it back as well but you must first wait out
the revocation period.   Then, your license is not automatically restored but you are eligible to request reinstatement at a Secretary of State hearing.

It is not an easy task.   An experienced attorney is essential to help you prepare your case and introduce proper evidence
of sustained absolute abstinence from all forms of alcohol, including so-called near-beer or non-alcohol brews which actually do have some alcohol in them.   Steven Stelmach, Jr. has been successfully restoring Michigan licenses continuously for over 30 years.   He knows the Standards for Issuance of License used by the Hearing Officer.   The Standards are vague and ambiguous and the do-it-yourselfer will have great difficulty knowing how to meet those Standards.   Steven Stelmach, Jr. knows how you can do it.   Take a look at the Standards for Issuance of License as they are set forth in the Michigan Secretary of State's written Rules that must be followed:  

R 257.313 Standards for issuance of license.  

Rule 13. (1) With respect to an appeal hearing that involves a review of a determination of the department which
results in a denial or revoca­tion under section 303(l)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act, all of the following provisions apply:

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following :

(i) That the petitioner's alcohol or substance abuse problems, if any, are under control and likely to remain under control.

(ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.

(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled sub­stance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.

(iv) That the petitioner has the ability and motivation to drive safely and within the law.

(v) Other showings that are relevant to the issues identified in para­graphs (i) to (iv) of this subdivision.

(b) Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary. The evidence may include any of the following:

(i) That the petitioner has ever submitted to a chemical test which revealed a bodily alcohol content that is not less than 2 times the level indicated in section 625 a(9)(c) of the act.

(ii) That the petitioner has 3 or more convictions for alcohol or controlled substance-related offenses.

(iii) That the petitioner has attempted to bring his or her alcohol or controlled substance abuse problems, if any, under control, but suffered a relapse by using, on at least 1 occasion, alcohol or a controlled substance, or both, except for a controlled substance prescribed for the petitioner by a licensed health care professional.

(iv) That a substance abuse evaluation of the petitioner reveals a diagnosis of past or present alcohol or controlled substance dependency.

(v) That the petitioner's license was previously revoked or denied under section 303 of the act because of alcohol or controlled substance convictions.

(vi) Other showings that are relevant to the issues identified in paragraphs (i) to (v) of this subdivision.

(c) If the hearing officer determines, under subdivision (b) of this subrule, that the petitioner must prove complete abstinence for a period of more than 6 months, then the hearing officer shall explain the reasons for the determination in the written order issued by the hearing officer.

(d) The hearing officer may require that the petitioner present evidence from not less than 3 independent sources to corroborate the petitioner's behavior with respect to alcohol and controlled substances.

(e) The hearing officer may require the petitioner to present a current urinalysis drug screen to corroborate the presence or absence of controlled substances or alcohol, or both, in the petitioner's body.

(f) The hearing officer may require that the petitioner submit a current substance abuse evaluation on a form prescribed by the department.

(g) The petitioner may submit any or all of the following:

(i) Letters from other persons that document his or her behavior regarding alcohol and controlled substances.

(ii) Proof of his or her past and current involvement with a treatment program or programs.

(iii) Proof of his or her past and current structured support program.

(iv) Other relevant evidence.

(h) If the hearing officer concludes that the petitioner has met the requirements of this subrule, then the hearing officer may order a restricted license for a period of time to be determined by the hearing officer before consideration for an unrestricted license. This subdivision does not apply if the petitioner is a nonresident seeking relief so that he or she may apply for a license in his or her home state.

(2) If a petitioner's application for a license has been denied, or if his or her license has been revoked, under section 303(1)(e), (g), (h), (i), (j), or (k) or (2)(a), (b), or (e) or 320(2) of the act, then the hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves both of the following by clear and convincing evidence:

(a) That the petitioner has the ability and motivation to drive safely and within the law.

(b) Other showings that are relevant to the issue identified in subrule (a) of this subrule.

(3) If a person's license has been revoked under section 320(2) of the act, then the department shall not issue a license to the person unless the person establishes both of the following:

(a) That the person has the ability and motivation to drive safely and within the law.

(b) Other showings that are relevant to the issue identified in subrule (a) of this subrule.

Do you know what this Rule means?   It is hard to win back your license by yourself.

If you are facing a potential OWI conviction, do not hesitate to call Steven Stelmach, Jr. P.C. for a free consultation, call (248) 643-0303, 24 hours a day, 7 days a week or fill out an online request.

Do you need your license?  

You need … Steven Stelmach, Jr.