Key points
- For an alcohol or drug revocation, the hearing will not be scheduled unless the request includes a substance abuse evaluation on the state's form dated no more than 3 months before it is received.[1]
- The hearing officer may require evidence from at least 3 independent sources, a current urinalysis drug screen and a current evaluation.[2]
- The Secretary of State's current checklist asks for a 12-panel laboratory drug screen with at least two integrity variables and 3 to 6 community support letters; instant tests are not accepted.[3]
- Abstinence means no alcohol or controlled substance at all, except a controlled substance prescribed by a licensed health professional, for at least 6 consecutive months, or 12 if the evidence calls for it.[4][5]
- The Secretary of State asks letter writers to give a detailed, notarized account of the applicant's past and current alcohol and drug use, including marijuana.[6]
A Michigan restoration hearing turns on evidence the driver files. For a revocation based on alcohol or drug offenses, the hearing will not be scheduled at all without a current substance abuse evaluation, and the hearing officer may require a drug screen and evidence from at least 3 independent sources about the driver's use of alcohol and drugs.[1][2]
This guide goes through each item the rules and the Secretary of State ask for, and what each one is meant to show. The hearing itself, and the legal standard, are covered in license restoration hearings.
What the evidence has to prove
The hearing officer may not order a license unless the driver proves by clear and convincing evidence that any alcohol or substance problem is under control and likely to stay that way, that the risk of repeating past abusive behavior and of impaired driving is low or minimal, and that the driver has the ability and motivation to drive safely and within the law.[7] The driver must also prove complete abstinence for the required period.[5] Every document below is evidence on one or more of those points.
The Secretary of State's checklist
As fetched on 25 October 2026, the Secretary of State's checklist for a revocation or denial hearing lists:[3][8]
| Item | What the Secretary of State says |
|---|---|
| Driving record | Order the most current record to confirm eligibility and help complete the request[8] |
| Form SOS-257, Hearing Request Application | The formal request for the hearing[3] |
| Form SOS-258, Substance Use Evaluation | Required if the person was ever arrested for an alcohol or drug offense; completed by a qualified evaluator[3][9] |
| Laboratory drug screen | 12-panel urinalysis with at least two integrity variables; instant tests are not accepted[3] |
| Community support letters | From 3 to 6 people; not needed if witnesses will testify[3] |
| Ignition interlock report | If applicable, dated within 30 days of submission[3] |
| Form DA-4P medical report | If the person takes medication for addiction, pain, or a mental or physical condition[3] |
| Proof of support or treatment | Such as AA, other support groups, or therapy[3] |
The form numbers come from the Secretary of State's page. Forms are revised from time to time, so the current versions are the ones posted by the Secretary of State.
The substance use evaluation
For an alcohol or drug revocation or denial, the hearing office will not schedule the hearing unless the request includes a current substance abuse evaluation on the department's form. "Current" means dated no more than 3 months before the department receives it.[1] The hearing officer may also require a current evaluation at the hearing.[2]
The Secretary of State says the evaluator should be qualified to diagnose substance abuse and give opinions, must be neutral, and must not help the client prepare for the hearing. It does not recommend specific evaluators and points to the state's MiSUD locator.[10]
The evaluation can also affect the abstinence period. A diagnosis of past or present alcohol or drug dependency is one of the kinds of evidence a hearing officer may consider in requiring 12 months rather than 6.[11]
The drug screen
The rules let the hearing officer require a current urinalysis drug screen to corroborate the presence or absence of alcohol or controlled substances.[2] The Secretary of State's current checklist calls for a 12-panel laboratory screen with at least two integrity variables, such as creatinine, specific gravity or pH, and says instant tests are not accepted.[3]
The same Secretary of State page also contains an older FAQ describing an 11-panel screen.[12] The current checklist says 12-panel.[3] Since the page is inconsistent, confirming with OHAO which panel it currently requires avoids a rejected test.
Community support letters and witnesses
The rules let the hearing officer require evidence from at least 3 independent sources corroborating the driver's behavior with alcohol and controlled substances, and let the driver submit letters from other people documenting that behavior.[2] The Secretary of State asks for letters from 3 to 6 people, or witnesses who appear in place of letters.[3] For an out-of-state review, letters are mandatory.[13]
The Secretary of State's guidance for letter writers asks for a detailed, unique letter, typed or handwritten, that is notarized and covers:[6]
- the writer's relationship to the applicant, how long they have known them and how often they see them;[6]
- the applicant's past and current alcohol and drug use, including marijuana, and when they last used;[6]
- the applicant's treatment and how the writer has seen them change over time.[6]
The guidance says the purpose of the letter is to document the applicant's sobriety, that it will be used as evidence in the case, and that the writer's honesty is essential.[6] Each letter is the writer's own account; the guidance asks for a unique letter rather than a shared template.[6]
Proof of abstinence and the 6- or 12-month rule
Under the rules, "abstinence" means refraining completely from any amount of any alcoholic beverage or controlled substance, except a controlled substance prescribed by a licensed health professional.[4] The driver must prove by clear and convincing evidence at least 6 consecutive months of abstinence, or at least 12 consecutive months if the evidence shows a longer period is needed.[5]
Evidence the hearing officer may consider in requiring the longer period includes:[11]
- a chemical test showing a bodily alcohol content of at least 2 times a level set in the Vehicle Code;[11]
- 3 or more alcohol- or drug-related convictions;[11]
- a relapse after trying to get the problem under control;[11]
- an evaluation diagnosing past or present dependency;[11]
- an earlier section 303 revocation or denial for alcohol or drug convictions.[11]
The first item cross-refers to "section 625a(9)(c)" of the Vehicle Code, a subdivision that no longer exists in the current statute; the rule was last amended in 2011.[11][14] Converting "2 times the level" into a fixed BAC number goes beyond what the rule now says.
The rules do not mention marijuana by name. The Secretary of State's letter guidance does ask writers to describe use "including marijuana."[6] How hearing officers treat lawful adult-use marijuana under the abstinence definition is not stated in the rules or on the Secretary of State's page.
Treatment and support records
The driver may submit proof of past and current involvement in a treatment program and in a structured support program, and any other relevant evidence.[2] The Secretary of State's checklist mentions certificates of completion or letters verifying participation in AA, other support groups, or individual or group therapy.[3] For a driver in the specialty court program, at the later hearing for an unrestricted license, successful completion and the judge's certificate must be considered positive evidence of abstinence during the program.[15]
Interlock reports
A driver who has had an interlock should include a report from the provider dated within 30 days of submission.[3] After the minimum monitoring period, the rules require a report from every provider that has installed a device for the driver.[16] Interlock reports matter most at the next stage; see after restoration: the interlock-restricted license and ignition interlock devices.
Filing the package
Evidence can be filed online through DAIS or sent to OHAO by mail, fax or email (PDF attachments only).[17] The Secretary of State says the driver is responsible for submitting all required documents and should keep copies of everything sent.[8] A simple practical routine helps: keep a dated list of each item, when it was sent and how, and the confirmation received. For other records worth keeping, see papers and records to keep; for treatment options, see getting help for alcohol or drug use; and for contact details, see the Secretary of State's hearings office.
Common questions
How many support letters do I need for a Michigan license restoration hearing?
The Secretary of State's checklist asks for letters from 3 to 6 people, such as friends, family or coworkers, and says letters are not needed if witnesses will testify instead.[3] The rules let the hearing officer require evidence from at least 3 independent sources corroborating the driver's behavior with alcohol and drugs.[2] Letters are mandatory for an out-of-state review.[13]
Is the drug screen 11-panel or 12-panel?
The Secretary of State's current checklist says a 12-panel laboratory urinalysis screen with at least two integrity variables, such as creatinine, specific gravity or pH, and says instant tests are not accepted.[3] An older FAQ on the same page still describes an 11-panel screen.[12] Because the page contradicts itself, it is worth confirming the current requirement with OHAO before ordering the test.
Can my own counselor do the substance use evaluation?
The Secretary of State requires an evaluation from a qualified evaluator and says the evaluator must be neutral and must not help the client prepare for the hearing.[10] It does not recommend specific evaluators and points people to the MiSUD locator to find one.[10] The evaluation must be dated no more than 3 months before the department receives it.[1]
Why would a hearing officer require 12 months of abstinence instead of 6?
The rule allows a 12-month requirement when the evidence shows a longer period is needed, and the hearing officer must explain the reasons in the written order.[5] Evidence that can support it includes 3 or more alcohol- or drug-related convictions, a relapse after trying to get the problem under control, a dependency diagnosis, and an earlier revocation for alcohol or drug convictions.[11]
Do I need a medical form if I take prescription medication?
The Secretary of State's checklist asks for a DA-4P medical report, completed by the doctor, if the driver takes medication for addiction, pain, or mental or physical health concerns that may affect driving.[3] The abstinence rule itself excepts controlled substances prescribed by a licensed health professional.[4]
Sources
- Mich Admin Code, R 257.302(1)(d); R 257.301(1)(f) — Michigan Administrative Code
- Mich Admin Code, R 257.313(1)(d)–(g) — Michigan Administrative Code
- Michigan Department of State, "Request a hearing" page and OHAO page — Michigan Department of State
- Mich Admin Code, R 257.301(1)(a) — Michigan Administrative Code
- Mich Admin Code, R 257.313(1)(b), (c) — Michigan Administrative Code
- Michigan Department of State, OHAO page ("What should my community letters include?") — Michigan Department of State
- Mich Admin Code, R 257.313(1)(a) — Michigan Administrative Code
- Michigan Department of State, OHAO page ("Checklist: What to submit"; "How to submit your evidence package") — Michigan Department of State
- Michigan Department of State, OHAO FAQ — "Checklist: What to submit" — Michigan Department of State
- Michigan Department of State, OHAO FAQ — Michigan Department of State
- Mich Admin Code, R 257.313(1)(b)(i)–(vi) — Michigan Administrative Code
- Michigan Department of State, OHAO page ("What does an 11-panel drug screen look like?") — Michigan Department of State
- Michigan Department of State, OHAO page (DAIS upload table note) — Michigan Department of State
- Mich Admin Code, R 257.301–257.316 (History lines); R 257.1005–257.1006; 2016 PA 32, enacting § 1 (as noted in MCL 257.319) — Michigan Administrative Code
- MCL 257.304(8) — Michigan Legislature
- Mich Admin Code, R 257.313a(13)(c), (f), (14) — Michigan Administrative Code
- Michigan Department of State, OHAO page and "Request a hearing" page — Michigan Department of State
This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. In an emergency, call 911. For confidential help with alcohol or drug use, the SAMHSA National Helpline is 1-800-662-4357.