The Secretary of State's Hearings Office (OHAO)

The Secretary of State's license hearings that follow a drunk-driving arrest or conviction, including refusal (implied consent) and license restoration hearings, are held by one office: the Michigan Department of State's Office of Hearings and Administrative Oversight (OHAO).^[5][2] It conducts driver's license appeal and contested-case hearings, issues written decisions and monitors ignition interlock compliance.^[1] This page covers how to reach the office, how hearings are requested and held, and the deadlines.

Contacts

Purpose	Contact
Online requests and evidence	DAIS, the Driver Appeals Integrated System, which needs a MiLogin account.[2][4]
Mail	Michigan Department of State, OHAO, P.O. Box 30196, Lansing, MI 48909.[2]
Fax	517-335-2190.[2]
Email	SOS-AHS@Michigan.gov, with all attachments in PDF format.[2]
General Secretary of State information line	(888) SOS-MICH, 888-767-6424.[6]

Hearing requests cannot be made at Secretary of State branch offices or self-service stations.^[4] The office's guidance is on the Secretary of State's license restoration page.

How hearings are held

Hearings are conducted through Microsoft Teams before a hearing officer who is an attorney employed by the Secretary of State, and in an implied consent matter the arresting officer also appears.^[2] The administrative rules still refer to a hearing site closest to the arrest, but the Secretary of State now says all OHAO hearings are by Teams video.^[7] A driver may bring a lawyer but is not required to, and a lawyer must file a written appearance.^[8] There is no right to an appointed lawyer, and OHAO staff cannot give legal advice.^[2]

Implied consent (refusal) hearings

After a refusal, the officer must immediately give written notice that a hearing may be requested within 14 days and that failing to request one will result in suspension.^[9] The Secretary of State's request form must be postmarked or submitted electronically within 14 days of receiving the officer's Report of Refusal, and it requires an original signature.^[3] The form lists four issues: whether the officer had reasonable grounds to believe the driver committed an OWI-type crime, whether the driver was arrested for one, whether a refusal was reasonable, and whether the driver was advised of the chemical-test rights.^[10]

• The Secretary of State mails at least 5 days' notice of the hearing, and the hearing is to be scheduled within 45 days after the arrest, although missing that target is not a ground for any sanction.^[11]
• The officer has the burden of proof by a preponderance of the evidence; the driver has the burden only on an affirmative defense.^[12]
• Unless there is reasonable cause, the case is dismissed if the officer fails to appear, and a driver who fails to appear is treated as in default.^[13]
• Each party may get only one adjournment for reasonable cause, requested in writing and received at least two business days before the hearing.^[14]
• A driver who loses receives the same 1-year (or 2-year) suspension and may petition the circuit court in the county of arrest.^[15]

More detail is in The implied consent hearing and Refusing a breath or blood test.

License restoration hearings

After a revocation, a license cannot be issued for at least 1 year, or 5 years for a second revocation within 7 years.^[16] A restoration request for an alcohol or drug revocation will not be scheduled unless it includes a substance abuse evaluation on the Secretary of State's form, dated no more than 3 months before the department receives it.^[17] OHAO's checklist includes:

• A current driving record and the Hearing Request Application, Form SOS-257.^[18]
• A Substance Use Evaluation, Form SOS-258, completed by a qualified evaluator, required if the driver was ever arrested for an alcohol or drug offense.^[18]
• A laboratory drug screen as the Secretary of State specifies; instant tests are not accepted.^[18]
• Letters from 3 to 6 people, notarized, plus an interlock report and a Form DA-4P medical report if they apply.^[18]

The Secretary of State's page describes the drug screen as "12-panel" in its checklist and "11-panel" in its FAQ, and the page itself does not settle which applies.^[18] The evaluator must be neutral, and the department does not recommend specific evaluators but points to the MiSUD locator.^[2] The driver must prove at least 6 consecutive months of abstinence, or 12 if the evidence calls for it, by clear and convincing evidence.^[19] See The license restoration hearing and License restoration evidence.

After a final order, the Secretary of State will not hold another hearing on the same matter for at least 1 year, and the same wait applies if the driver withdraws or fails to appear.^[20] A restricted license issued after a restoration hearing must require a working ignition interlock on each vehicle the person owns or intends to drive, at the person's cost, for an initial period of at least 1 year.^[21] See After restoration: the interlock period.

Interlock violations

When a major interlock violation is reported, the Secretary of State reinstates the original revocation with at least 5 days' written notice, and the driver may request a hearing within 14 days, at which the driver bears the burden; a minor violation adds 3 months.^[22] The Secretary of State's page says a violation hearing request must be received by OHAO within 14 days of the effective date of the reinstatement.^[2]

After the decision

• A party may move for reconsideration or rehearing within 21 days after the decision, for newly discovered evidence, an error of law or a material mistake of fact.^[23]
• A petition for circuit court review must be filed within 63 days of the decision, or up to 182 days for good cause; refusal appeals go to the county of arrest and others to the county of residence.^[24]
• The administrative rules require transcript requests within 63 days of the decision, or 182 days if the court extends the appeal period.^[23] The Secretary of State's page tells drivers to order within 182 days of the hearing and at least 50 days before any circuit court date, at $3.25 per page by electronic delivery.^[2]

Circuit court review is covered in Appealing a license sanction to circuit court.

Notices and free clinics

Secretary of State notice by first-class mail goes to the address on its records and is complete 5 days after mailing.^[25] The Department of State also runs free "Road to Restoration" clinics with volunteer attorneys who help people with suspended or restricted licenses review their records; the clinics do not hold restoration hearings or set aside OWI convictions.^[26] Other help is listed in OWI help and resources.