Administrative Review Hearing in Michigan
Administrative Review DMV Hearings in Michigan fall into two main categories: implied consent hearings and license restoration hearings. Implied consent hearings determine the legitimacy of the chemical testing and whether the driver refused the chemical testing. Although witness testimony is not involved in implied consent hearings, the judge of the hearing will review police reports and chemical testing. Note that the judge of the implied consent hearing is also the prosecutor of the hearing. The judge will look at whether the officer had reasonable cause that the driver was driving under the influence, whether the vehicle stop was lawful, and whether the chemical testing was correctly administered. If the driver refused to submit to a chemical test, then any unfavorable ruling will be enhanced by extending the period of suspension.
After a driver’s license has been revoked or suspended, the driver will have to request a driver’s license restoration hearing. Unlike a DUI case where the State has the burden of proving the offense beyond a reasonable doubt, the driver has the burden of showing why driving privileges should be restored by clear and convincing evidence. First, the driver has to prove that their substance abuse problem is controlled and maintained by demonstrating six to twelve months of sobriety. Second, the driver must show that the likelihood of the driver drinking and then driving is low by submitting testamentary letters from people who know the driver well, which include family, friends, clergy, and support group members.
Commercial Vehicles and DUI in Michigan
MCL §257.303 governs DUI offenses committed by operators of commercial vehicles and chauffeurs. The BAC limit for an operator of a commercial vehicle is 0.08, which is the same as for other drivers. If an operator of a commercial vehicle or chauffeur refuses to submit to the intoxication tests or has a BAC level of more than 0.08, then their operator’s or chauffeur’s license may be revoked or suspended.
The first offense of operating a commercial vehicle while under the influence results in up to 93 days of jail and/or a fine of up to $300. A second offense within seven years results in up to a year of imprisonment and/or a fine of up to $1,000. A third offense within 10 years of two prior convictions results in a fine of between $500 and $5,000 and imprisonment between a year and five years.
Although restricted licenses can be granted to drivers during a period of suspension for employment purposes, the secretary of state of Michigan cannot grant a restricted license to commercial drivers.
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