How to get your license back after a DUI in Michigan
Getting a license back after a DUI is an agency process, not a court one: the steps below are the ones the Michigan Department of State (Secretary of State) lists, in its order, each quoted from the agency's own page. Requirements differ by offense, blood-alcohol level, refusal, and prior record; the state's wording controls.
Steps the state lists
- 1
Serve the suspension or the minimum revocation period
For a first high-BAC (0.17+) conviction, MCL 257.319(8)(g) imposes a 1-year suspension with no restricted license during the first 45 days. For a repeat drunk-driving conviction the license is revoked under MCL 257.303, and under § 257.303(4)(a) the Secretary of State may not issue a license until not less than 1 year after the revocation, or not less than 5 years after a subsequent revocation within 7 years of a prior one.
What the source says
“(i) The expiration of not less than 1 year after the license was revoked or denied. (ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7 years after the date of any prior revocation or denial.”
- 2
Request a driver's license hearing (revocations and denials)
The Office of Hearings and Administrative Oversight (OHAO) states that individuals seeking a hearing for a suspension or revocation may request one online through DAIS (Driver Appeals Integrated System) after creating a MiLogin account, or by submitting a Request for Hearing form and a Substance Evaluation Form by mail, fax, or email.
What the source says
“Individuals seeking a hearing for a suspension or revocation may do so online using DAIS – the Driver Appeals Integrated System. DAIS allows for faster processing of hearing requests.”
- 3
Submit the evidence package
OHAO's checklist lists: a current driving record; Hearing Request Application (Form SOS-257); Substance Use Evaluation (Form SOS-258), required if ever arrested for an alcohol- or drug-related offense and completed by a qualified substance abuse evaluator; a 12-panel laboratory drug screen with at least two integrity variables (instant tests not accepted); 3-6 community support letters addressing use of and abstinence from alcohol and controlled substances; an ignition interlock report dated within 30 days if applicable; a medical report (DA-4P) if applicable; and proof of support or treatment.
What the source says
“Substance Use Evaluation (Form SOS-258) Required if you’ve ever been arrested for alcohol or drug-related offenses. Must be completed by a qualified substance abuse evaluator. 12-panel laboratory drug screen Must include at least two integrity variables”
- 4
Attend the hearing and receive the hearing officer's order
OHAO states the hearing is held by Microsoft Teams before an attorney hearing officer who reviews the evidence, asks about the person's history with alcohol and controlled substances, and issues a written order. OHAO's hearing-type table shows a 'Revocation / denial' hearing requires Form 257, Form 258 and a drug screen; a Specialty Court restricted license requires two qualifying alcohol convictions.
What the source says
“The hearing is held by an attorney hearing officer who will hear testimony and make a determination based on the evidence, testimony and applicable law. Once a decision is made an order is issued and the parties are notified.”
- 5
Drive on the BAIID-restricted license violation-free, then request removal of the device
OHAO states that after completing Specialty Court and driving with the BAIID violation-free for at least one year, the driver may request a hearing with OHAO for removal of the device if the original offense penalties are complete; a driver under a five-year revocation cannot request a hearing until the revocation period ends, and removing the device before approval returns the driver to revocation status. A 'Change / removal of restrictions' hearing requires Form 257, Form 258, a drug screen, a current ignition interlock report, and community support letters. High-BAC first offenders instead mail HBAC Form 1 and an Ignition Interlock Report to the Administrative Hearings Section (DAAD-071).
What the source says
“Once you successfully complete Specialty Court and have driven with the BAIID, violation free, for at least one year, you may request a hearing with Office of Hearings and Administrative Oversight for the removal of the device if your original offense penalties are complete.”
- 6
Pay the $125 license reinstatement fee
MCL 257.320e(1) requires an individual whose license was suspended, revoked, or restricted under sections 303, 319, 320, 324, 625, 625b, 625f, or 904 to pay a $125.00 reinstatement fee before a license is issued or returned. The Department of State's reinstatement-fee page describes payment online (for eligible transactions), by mail with the license reinstatement form, or at an office with a driver's license or ID and payment by cash, check, money order, or card.
What the source says
“To pay your reinstatement fee at one of our offices, you will need: Your driver’s license or ID. Payment by cash, check, money order, or credit or debit card (additional fees will apply).”
Official reinstatement page: Michigan Department of State (Secretary of State)
Conditions that travel with reinstatement
| Reinstatement fee | $125 |
|---|---|
| SR-22 / financial-responsibility filing | No — details |
| Ignition interlock | Michigan interlock rule |
| Required program | Substance Use Evaluation (Form SOS-258) with 12-panel laboratory drug screen (hearing requirement; no state-mandated education course found) |
| Driving during the suspension | Restricted license (MCL 257.319(8)(g)); Specialty Court restricted license with BAIID for revoked drivers |
Required program: Substance Use Evaluation (Form SOS-258) with 12-panel laboratory drug screen (hearing requirement; no state-mandated education course found)
The Michigan Department of State requires a substance abuse evaluation from a qualified evaluator for certain driver's license cases; OHAO states Form SOS-258 is required if the person has ever been arrested for an alcohol- or drug-related offense, must be completed by a qualified substance abuse evaluator, and must be accompanied by a 12-panel laboratory drug screen with at least two integrity variables. The evaluator must be neutral and may not help the client prepare; the Department does not recommend specific evaluators. No Department of State page or statute fetched requires completion of a named alcohol education course as a condition of reinstatement; OHAO lists 'Proof of support or treatment' (AA, support groups, therapy) as evidence for the hearing.
“The Michigan Secretary of State requires a substance abuse evaluation from a qualified evaluator for certain driver's license cases. The evaluator should have enough training to diagnose substance abuse and provide opinions.”
Driving during the suspension: Restricted license (MCL 257.319(8)(g)); Specialty Court restricted license with BAIID for revoked drivers
Under MCL 257.319(8)(g), for a first conviction of operating with an alcohol content of 0.17 or more (§ 625(1)(c)) the Secretary of State may issue a restricted license but not during the first 45 days of the 1-year suspension, and under (h) shall order the individual not to drive under it unless the vehicle has an approved ignition interlock device. For revoked repeat offenders, OHAO states a Specialty Court restricted license requires two qualifying alcohol convictions on the record and is obtained by enrolling in a Specialty Court program through a probation officer, with a BAIID from an approved provider.
“The secretary of state may issue the individual a restricted license, except that the secretary of state shall not issue a restricted license during the first 45 days of suspension.”
When the interlock can be removed
Compliance-based. For a high-BAC first offense, MCL 257.319(8)(h) provides the device may be removed after the interlock provider verifies to the Department that the individual operated the vehicle with no instances reaching or exceeding 0.025 grams per 210 liters of breath; the Department's DAAD-071 instructions state the driver mails HBAC Form 1 and an original sealed Ignition Interlock Report showing the last service date after the restriction period, the Department reviews the report and driving record without an in-person hearing, and an Order/Authorization to Remove is mailed; a reading of 0.025 or higher may bring an additional suspension. For revoked drivers on a Specialty Court/BAIID restricted license, OHAO states that after driving violation-free with the BAIID for at least one year (and after the original penalties are complete) the driver may request a 'Change / removal of restrictions' hearing; removing the device before approval returns the driver to revocation status. Removal is authorized by the Department of State (Administrative Hearings Section or OHAO hearing officer). No removal fee cap is stated; MCL 257.625k caps the indigent maintenance fee at $2.00 per day only.
Compliance period: high-BAC first offense: no readings of 0.025 g/210 L or more, verified by the provider after the restriction period; revoked drivers: at least one year violation-free on the BAIID before a removal hearing
“The ignition interlock device may be removed after the interlock device provider provides the department with verification that the individual has operated the vehicle with no instances of reaching or exceeding a blood alcohol level of 0.025 grams per 210 liters of breath.”
Questions about reinstatement in Michigan
- How is a Michigan license restored after a drunk-driving revocation?
- Under MCL 257.303(4), no license may be issued until at least 1 year after the revocation (5 years for a subsequent revocation within 7 years). The Department of State's Office of Hearings and Administrative Oversight states the driver requests a hearing through DAIS or by form, submits an evidence package (driving record, Form SOS-257, Substance Use Evaluation SOS-258, 12-panel drug screen, community support letters, interlock report if applicable), and attends a hearing before an attorney hearing officer who issues an order. MCL 257.320e sets a $125 reinstatement fee.
- What restricted license is available after a high-BAC first offense in Michigan?
- Under MCL 257.319(8)(g)-(h), a first conviction for operating with an alcohol content of 0.17 or more brings a 1-year suspension; the Secretary of State may issue a restricted license after the first 45 days, and the driver may not operate under it unless the vehicle has an approved breath alcohol ignition interlock device (BAIID). The Department of State's DAAD-071 instructions describe requesting an order to remove the device after the restriction period.
- When can the BAIID be removed in Michigan?
- MCL 257.319(8)(h) allows removal after the provider verifies to the Department that the individual drove with no readings of 0.025 g/210 L or more; a high-BAC first offender mails HBAC Form 1 and a sealed Ignition Interlock Report showing the last service date after the restriction period. OHAO states a revoked driver who completes Specialty Court and drives violation-free with the BAIID for at least one year may request a removal hearing; removing the device before approval returns the driver to revocation.
Sources
- Michigan Department of State - Office of Hearings and Administrative Oversight: License restoration hearings and interlock (hearing request, evidence checklist, Specialty Court, removal)
- Michigan Department of State - Offenses requiring a hearing (OHAO summary; revoked/denied = MCL 257.303, mandatory suspensions = MCL 257.319)
- Michigan Department of State - License reinstatement fee (how to pay)
- Michigan Department of State - How to request an Order/Authorization to Remove BAIID (DAAD-071, PDF)
- Michigan Legislature - MCL 257.303 (revocation; not less than 1 year / 5 years before a new license)
- Michigan Legislature - MCL 257.319 (high-BAC suspension; restricted license after 45 days; BAIID removal after provider verification)
- Michigan Legislature - MCL 257.320e ($125 reinstatement fee)
- Michigan Legislature - MCL 257.304 (specialty court interlock restricted license; not less than 1 year of BAIID operation)