Michigan driver's license restoration hearings after an OWI revocation

A license restoration hearing is how a Michigan driver whose license was revoked for repeat drunk or drugged driving asks the Secretary of State to license them again. It can happen only after the minimum revocation period, and the driver must prove by clear and convincing evidence that their alcohol or drug problem is under control and that they are a low risk to drive impaired again.^[1][2][3]

This guide covers eligibility, how the hearing works, the legal standard and what the hearing officer can decide. The evidence package itself is covered in what a restoration hearing requires, and the interlock period that follows a win is covered in after restoration: the interlock-restricted license.

Who decides?

The Vehicle Code requires the Secretary of State to appoint a hearing officer to hear appeals from final licensing decisions, including revocations and denials.^[8] Today those hearings are held by the Office of Hearings and Administrative Oversight (OHAO), which also monitors ignition interlock compliance.^[9] The hearing officer is an attorney employed by the Secretary of State.^[10]

Older names such as the "Driver Assessment and Appeal Division," "DLAD" or the "Administrative Hearings Section" still turn up in older material. The current name is the Office of Hearings and Administrative Oversight, and the rules define the division to include any later name.^[8][9]

When is a driver eligible for a restoration hearing?

A license revoked under section 303 cannot be issued until the later of these has passed: at least 1 year after the revocation or denial, or at least 5 years after a later revocation or denial that occurred within 7 years of an earlier one.^[1] Even then, the license does not come back on its own. For a repeat-offense revocation, the convictions are prima facie evidence that the driver is a habitual offender, and the driver must rebut that by clear and convincing evidence.^[2]

Other limits can apply. Michigan may not license a person whose license is suspended, revoked, denied or canceled in any state, although where that action is not by the state that issued the person's last license, the Secretary of State may issue a license 5 years after the most recent action.^[11] The Secretary of State applies the law in effect when the offense was committed.^[12] The detail on revocation periods is in license revocation for repeat OWI.

A driver in the specialty court interlock program follows a different track. The specialty-court license lasts until a hearing officer orders an unrestricted license, which cannot happen before the program is completed, the minimum sanction has ended, the driver has driven with an interlock for at least 1 year, and the restoration rules are met.^[13] See the sobriety court restricted license.

Requesting the hearing

A hearing request must be in writing, include the driver's name, addresses, telephone number, date of birth and license number, and be filed with the division office in Lansing.^[14] For an alcohol or drug revocation, the hearing will not be scheduled unless the request includes a current substance abuse evaluation on the department's form, meaning one dated no more than 3 months before the department receives it.^[15]

Requests and evidence can be filed online through the Driver Appeal Integrated System (DAIS), which requires a MiLogin account, or by mail, fax or email to OHAO. Requests cannot be made at Secretary of State branch offices.^[16] The Secretary of State's checklist begins with ordering a current driving record to confirm eligibility, and it tells drivers they are responsible for submitting all required documents and should keep copies.^[17] OHAO reviews what it receives and schedules a hearing if the correct documentation has been submitted.^[18]

What happens at the hearing?

All OHAO hearings are held by video on Microsoft Teams.^[10] In matters other than refusals, the Secretary of State says the hearing officer reviews the evidence the driver provided and asks questions about the driver's history with alcohol and controlled substances.^[18] The hearing officer may issue subpoenas, swear witnesses and take additional testimony, and a verbatim record is made.^[19] The rules of evidence used in circuit court apply so far as practicable.^[20]

At an appeal hearing such as this, the petitioner has the burden of proof.^[21] The driver may ask in writing, with the administrator's approval, to have the hearing decided on written proofs without appearing.^[22] A request to adjourn must be in writing, give the reason and be received at least 2 business days before the hearing, and the hearing is not adjourned until the office says so.^[22]

A driver may bring a lawyer but does not have to. There is no right to an appointed lawyer, and the hearing officer has a duty to help an unrepresented driver develop a complete record.^[23]

What must the driver prove?

For a revocation based on alcohol or drug offenses, the hearing officer may not order a license unless the driver proves all of the following by clear and convincing evidence:^[3]

1. that any alcohol or substance abuse problem is under control and likely to remain under control;^[3]
2. that the risk of repeating past abusive behavior is low or minimal;^[3]
3. that the risk of repeating impaired driving, or another listed offense, is low or minimal;^[3]
4. that the driver has the ability and motivation to drive safely and within the law.^[3]

The driver must also prove complete abstinence from alcohol and non-prescribed controlled substances for at least 6 consecutive months, or at least 12 consecutive months if the evidence shows a longer period is needed. A hearing officer who requires more than 6 months must explain why in the written order.^[4] The rules list evidence that can point toward the longer period, such as 3 or more alcohol- or drug-related convictions, a relapse, or a dependency diagnosis.^[24]

"Six months of sobriety is always enough" is a common belief. The rule sets 6 months as the minimum and lets the hearing officer require 12 when the evidence calls for it.^[4][24]

What can the hearing officer decide?

After the hearing, the hearing officer may affirm, modify or set aside the Secretary of State's decision, and must include findings of fact and conclusions of law in the record.^[19] If the driver meets the standard, the hearing officer may order a restricted license for a period the hearing officer sets before considering an unrestricted license.^[6]

Any restricted license a hearing officer issues after a revocation or denial under section 303(2)(c), (d) or (g) must require a working interlock on each vehicle the driver owns or intends to drive, at the driver's cost, and the first interlock period must be at least 1 year. It cannot allow driving a commercial vehicle that hauls hazardous material.^[5] If the driver will use an employer's vehicle, the Secretary of State notifies the employer, who is not required to install a device.^[25]

A non-resident who needs clearance to apply for a license in their home state is treated differently: the restricted-license step does not apply to them.^[6] The Secretary of State calls this an Out-of-State Administrative Review and requires proof of residency and support letters for it.^[26]

Losing, missing or withdrawing

After a final order, the hearing office will not hold another hearing on the same matter for at least 1 year from the hearing date, unless the administrator or hearing officer provides otherwise. A 1-year wait also applies if the driver withdraws or fails to appear, and after a circuit-court decision it runs from the date of the court's final order unless the court, administrator or hearing officer orders otherwise.^[7] The Secretary of State warns that a driver who misses a hearing without an approved adjournment may need to wait a year to request another.^[27]

A party may file a motion for reconsideration or rehearing within 21 days of the decision, for newly discovered evidence, an error of law or a material mistake of fact.^[28] The decision can also be reviewed by petition to the circuit court in the driver's county of residence within 63 days, or 182 days for good cause; the court reviews the hearing record.^[29][30] See appealing a license sanction to circuit court.

Have the rules changed recently?

As of October 2026, the restoration rules (R 257.301 to 257.316) carry no amendment later than 2011, and no 2023 to 2026 change appears in the current state text.^[31] The Secretary of State's procedures, such as Teams hearings and DAIS filing, are set out on its own pages and can change without a rule change.^[10][16]

Where to find help

The Department of State runs free Road to Restoration clinics with volunteer attorneys to help people with suspended or restricted licenses review their records; the clinics do not hold restoration hearings.^[32] Michigan Legal Help has free self-help material on getting or restoring a driver's license.^[33] The Secretary of State's information line is 888-767-6424.^[34] For treatment and support resources, see getting help for alcohol or drug use, and for the office's contact details see the Secretary of State's hearings office.