If you are looking to apply for a Driver’s License Restoration or an Out of State License Clearance, the most important law or rule is Rule 13. So, what is Rule 13?
Rule 13 comes from Michigan Administrative Code R. 257.313, which is shorted to “Rule 13”. The Secretary of State issued a detailed set of standards that must be met for an individual to receive a restricted license, full license, or license clearance if that individual’s license is revoked for more than one drunk driving conviction.
Michigan Administrative Code R. 257.313 states:
- The hearing officer shall not order that a license be issued to the petitioner (applicant) unless they can prove by clear and convincing evidence, all of the following:
- That the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control.
- That the risk of the petitioner repeating their past abusive behavior is a low or minimal risk.
- That the risk of the petitioner repeating the act of operating a motor vehicle while impaired or under the influence of drugs or alcohol is a low or minimal risk.
- That the petitioner has the ability and motivation to drive safely and within the law.
- Other showings that are relevant to the issues identified in the above paragraphs of this subdivision.
- Before the hearing officer can order a license be issued, the hearing officer shall require that the petitioner prove by clear and convincing evidence, that they have 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 months if the evidence considered at the hearing established that a longer period of abstinence is necessary.
- The evidence may include any of the following:
- The petitioner has ever submitted to a chemical test that revealed a bodily alcohol content that is not less than 2 times the level indicated in Section 625a(9)(c) of the act.
- That the petitioner has 3 or more convictions for alcohol or controlled substance-related offenses.
- That the petitioner has attempted to bring their alcohol or controlled substance abuse problems, if any, under control but suffered a relapse by sing, on at least one occasion, alcohol or a controlled substance, or both, except for a controlled substance prescribed for the petitioner by a licensed health professional.
- That a substance abuse evaluation of the petitioner reveals a diagnosis of past or present alcohol or controlled substance dependency.
- That the petitioner’s license was previously revoked or denied under section 303 of the act because of alcohol or controlled substance convictions.
- Other showings that are relevant to the issues identified in paragraphs (i) to (v) of this subdivision.
- The evidence may include any of the following:
What does all of that mean?
Your eyes may be glazing over at this point. So let’s break it down.
When requesting a license restoration or clearance, an individual will likely have a hearing in front of a Hearing Officer. These Hearing Officers all must follow the Rule 13 standards set forth above.
First, the petitioner must prove their case by clear and convincing evidence. A petitioner does not need to prove their case beyond a reasonable doubt for these hearings! Clear and convincing evidence means that the evidence presented is highly and substantially more likely to be true than untrue.
The petitioner must prove by clear and convincing evidence that:
- If they had a drug or alcohol problem it is now under control and likely to remain under control, meaning the petitioner will not relapse.
- That the risk of the petitioner relapsing is low/minimal.
- That the risk of the petitioner driving drunk or under the influence of drugs is low/minimal.
- That the petitioner wants to drive and will do so safely and within the limits of the law.
The second part to Rule 13 requires that petitioners are sober for no less than 12 consecutive months. This means that a petitioner/applicant must be sober for a minimum of 12 months. A petitioner applying for their license must be committed to sobriety. For example, a petitioner cannot have been sober from 1/2006 – 1/2007, go back to drinking, apply for a license, and expect to obtain a license. The petitioner must currently be sober, and have been sober for at least 12 consecutive months prior to applying for their license. Further, the petitioner cannot have an intent to drink in the future. Any intention to drink in the future can/will lead to a denial of licensure by the Secretary of State.
The Secretary of State can require that a petitioner be sober for a longer period of time than the minimum of 12 months. If a petitioner submitted to a chemical test/blood test and their blood alcohol content was 2 times the legal limit (.08), the Secretary of State can require that they be sober for a period longer than 12 months before issuing licensure. Additionally, if a petitioner has more than three convictions for drunk or controlled substance related offenses, has a history of relapse, has a diagnosis of alcohol or controlled substance dependency, or their license was previously revoked or denied under section 303, the Secretary of State can require the petitioner to maintain a longer period of sobriety prior to granting or clearing a driver’s license.
The license restoration or clearance process in Michigan is not an easy one to navigate. While an attorney Is not required to apply for your license, we highly recommend you seek counsel to substantially increase your chances of being granted your license the first time around. If your license is denied after a hearing, you will have to wait another year before you can apply again. We don’t recommend taking the chance. Contact our office today to speak with our experienced license restoration attorney for a free confidential consultation. We want to get you back on the road!
Tanis Schultz is here to be your dedicated ally through this difficult time. Contact us today.