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Even though they have winning cases, they lose simply because they did not know how to present their case to the OHAO. Oftentimes we represent clients who have already attempted a hearing without the help of counsel. In the aftermath of Covid-19, OHAO hearings are now held remotely via Microsoft Teams.
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Substance abuse evaluation (form 258) is not complete, does not cover all substances used or has a marginal prognosis.Failure to obtain a doctor’s letter if you are taking certain medications for sleep, pain or psychological reasons.Failure to mention all prior criminal offenses involving alcohol or drugs.Inconsistent sobriety dates for alcohol and drugs.The following are examples of just a few ways that you can lose your OHAO hearing: You must be able to c0mmunicate your case to the OHAO with supportive evidence that you understand your duty to protect the public and that it is never acceptable to operate a vehicle under the influence of alcohol or drugs, An experienced OHAO practitioner can increase your chances of winning an OHAO hearing by and prepare you for your evaluation. You will lose your hearing if your evidence does not prove that you are likely to remain sober. With certain hearing officers, your evidence muse be almost perfect or you can risk losing your hearing! Unfortunately, the standards set forth regarding the evidence are not entirely objective and are not always applied fairly. You must present consistent credible evidence for your licensee restoration hearing. Just because you waited several years for a hearing, went to jail or need a license to work does not mean that you will win your hearing. The license restoration process is very particular and specialized. Hiring an attorney that knows the OHAO process should be your first priority if you are thinking about a license appeal. Link to forms 257 and 258, license appeal hearing Optional: Other positive documentation such as completion of probation, Sobriety Court, etc.Optional: Evidence of attendance at support meetings, counseling, AA.DI4P: Physician’s Statement if a medical situation has caused impairment, loss of consciousness or could affect safe driving.Doctor’s letter may be required depending upon medical history and current use of certain prescribed drugs.Three to six community support letters (we may ask for more), preferred to be from a cross section of individuals (family, co-workers, friends, neighbors).Drug Screen: 12 panel drug test with at least two integrity variables.Form 258: Current substance abuse evaluation.There is a long list of evidence that is required and must be submitted before a client can get an OHAO hearing: A felony conviction which results in license revocation.Īppealing a license revocation: Evidence MUST be consistent!.A conviction for operating under the influence causing death.A conviction for operating under the influence causing a serious personal injury.3 or more offenses for operating under the influence (drugs or alcohol) within 10 years.2 or more offenses for operating under the influence (drugs or alcohol) within 7 years.Indefinite license revocations are imposed for the following scenarios: The OHAO or DLAD is the place that you go when you are eligible for a driver license restoration hearing.Ī person that is classified as a habitual drunk driver or has a felony conviction involving a motor vehicle faces indefinite license revocation. The OHAO was formerly called the Driver License Appeal Division or DLAD. I wanted to use this post as a forum to reflect on my vast experience handling driver license appeals with the Michigan Department of State, Office of Hearings and Administrative Oversight (OHAO). License Revocations and Appeals to the OHAO