Provided that the assessment is encouraging and an appeal hearing has been requested, it is important to discuss witnesses who can attend the hearing to testify regarding your sobriety, as well as those individuals who can provide written documentation substantiating your sobriety. However, the most important and compelling witness at this hearing is you. That’s right. You can make or break the hearing. This isn’t said to induce stress, but you are the individual seeking reinstatement of your driving privileges. You carry the burden in convincing the hearing officer that you are ready to drive again.

Embrace Sobriety

We always recommend that our clients attend AA for an extended period of time before petitioning for restoration of their license. AA is an outstanding organization founded in 1935 by Bill Wilson and Dr. Bob Smith in Akron, Ohio. Its “primary purpose is to stay sober and help other alcoholics achieve sobriety.” You are encouraged to refer to the attached original Twelve Steps of Alcoholics Anonymous. more You should be also be able to recite the Serenity Prayer adopted by AA, which is:

God, grant me the serenity to accept the things I cannot change,
Courage to change the things I can,
And wisdom to know the difference.

AA offers meetings virtually twenty-four (24) hours a day in thousands of locations throughout Michigan and the United States. You can’t convince someone that you simply couldn’t find a meeting to attend, even if you have transportation issues as a result of losing your license.

At your hearing, expect to be asked the Twelve Steps and/or the Serenity Prayer. You may be asked to recite the fifth step or the eighth step. That’s why it is important to know the steps, and to live by the steps. Hearing officers conduct thousands of hearings every year. They know when the steps are merely recited by a petitioner, and they know when the petitioner knows the steps because he or she lives by the steps. Be genuine during the hearing.

Another indication that you are embracing sobriety is to have a sponsor, someone who mentors, encourages and guides you through your quest to stay sober. It takes some time and some continuity in attending meetings to find a sponsor. A sponsor is someone you can call on when you have the urge to drink, and you need to be talked out of drinking. A hearing officer wants to not only know that sobriety has been maintained, but he also wants to know that you are equipped and supported to make different life decisions that returning to drinking. He wants to know how things are going to be done differently now than they were done before. Your Michigan DUI attorney will prepare you for some anticipated questions. This should make the hearing less stressful and should enable you to focus.

Contact the experienced Michigan DUI lawyers at SMDA to schedule an appointment. As always, the initial consultation is free. SMDA will help you in the process or having your license restored and getting your life back on track.

In Michigan, the process of getting your license back is simple, but the path must be followed carefully. We liken the process to climbing a mountain you have never seen before. You know your goal is to reach the summit, but you need a Sherpa, a guide, to lead the way to avoid any pitfalls along the way. You can chance the climb on your own, and you may be successful. However, if you are not successful, the results can cause setbacks.

Many clients seeking reinstatement, or at least partial reinstatement of driving privileges have previously tried to climb that mountain on their own, and they were unsuccessful. It is not that the process is complicated; it is just that they sometimes skip a few steps in the process. They begin the ascent without all of the necessary tools. They believe that if they appear sincere, the hearing officer will restore privileges. Let’s focus for a second on that sentence. In Michigan, driving is not a right…. it is a privilege. You may hear this once or twice from other people you speak with. The hearing officer may even say this during your hearing. This is the mindset in the State of Michigan.

First and foremost, the DUI lawyers at SMDA keep contact with a variety of different substance abuse counselors and related professionals. The first thing we do before requesting a hearing, is instruct our clients to have a substance abuse assessment performed. This process typically involves meeting with a licensed counselor experienced in assessing and treating individuals with alcohol and other substance abuse issues. Depending on whether you possess insurance or not, the typical cost for an assessment is $250-500. Despite the number of pages contained within the final assessment itself, we will focus on the prognosis for continued sobriety. We like to see phrases like words like, “the prognosis for maintaining sobriety is good,” or, “the prognosis for continued sobriety is encouraging.” When we see that the prognosis is “guarded” or “poor,” we will typically recommend that our clients wait for a period of time, continue in AA attendance and counseling and have another assessment performed by a different treater a period of time later.

At the same time, we feel it is critical for our clients to attend AA. Each case and each client is unique. A client appearing before a hearing officer may be asked any of the 12-Steps or the Serenity Prayer. This is why it is important to not simply memorize the steps, but to demonstrate that the client is living these steps. Often times, a hearing officer will want to know if the client was attending AA meetings at the same location on a consistent basis and if the client has a sponsor. As an aside, if a client has a sponsor, we like to have the sponsor attend the hearing with the client for support and to provide testimony at the hearing to the hearing officer. more The measure of your sobriety is critical, whatever that length of time might be. If you have had lengthy periods of sobriety, only to relapse, then it becomes important to demonstrate why you have confidence that you will be able to maintain continued sobriety this time around, rather than the previous time. What is different this time around? Why should the hearing officer be confident that you will maintain sobriety this time? “Well, it is because I am not surrounding myself with the friends who used to drink before.” Or, “I have been regularly attending AA meetings, and I have a support I didn’t previously have.” Or, “I saw a friend continue drinking and he eventually died of cirrhosis of the liver. This had a ‘sobering effect’ on me. I don’t want to end up the same way.” Whatever the reason, a client needs to convince, articulate and demonstrate that he has the tools and resources to maintain his sobriety. A client should know the date when they had their last drink.

This may seem like an abrupt place to end this post, but the restoration process is a process. In the next post, we will discuss the hearing itself and the process of demonstrating sobriety. Remember, before you ascent toward that summit; hire a guide, or Michigan DUI attorney to help you get to the top. Contact the attorneys at SMDA today. Don’t go at it alone.

Related Blogs: The Role of a Michigan DUI Attorney and Client Addiction An Overview of Michigan Licensing Sanctions

While it is true that not all DUI lawyers are psychologists or substance abuse specialists, this does not mean that these attorneys cannot make valuable recommendations and suggestions regarding treatment. Whether a client is facing a first time DUI arrest or a second or third arrest, developing relationships with addiction specialists can prove to be an invaluable resource.

During an initial client interview, an experienced DUI practitioner should be able to get a sense as to whether a client arrested for a DUI was simply exercising poor judgment, or whether it is a sign of a serious alcohol addiction. To resolve doubt either way, it may be wise to refer a client for a substance abuse assessment. While these assessments are usually associated with the license restoration process, they can also serve a very important purpose with a DUI arrest. A substance abuse assessment by a licensed substance abuse counselor can indicate whether a client is in need of substance abuse treatment, AA attendance, counseling, or some combination involving more than one form of treatment. It can also indicate whether the DUI arrest might be symptomatic of other issues, including the need for mental health treatment. Quite simply, an assessment can provide a measure of a client’s tendency for alcohol dependency or alcohol abuse.

A client who takes the results from the assessment seriously and follows its recommendations can begin the process of receiving treatment and gaining insight toward their problems. Being proactive is key toward gaining this necessary insight. As an aside, it stands to reason that a DUI client facing a judge for sentencing will go a long way toward establishing the road to recovery by demonstrating this proactivity. Judges take notice of those DUI defendants appearing before them who don’t need to be told by the court that they need treatment or counseling. When DUI defendants do things on their own initiative, it demonstrates that the arrest and charge are being taken seriously and steps are being taken to lessen the likelihood of additional court involvement and new criminal charges down the road. more Judges often say that they are particularly impressed by DUI defendants who are proactive and demonstrate a sincere desire to gain insight and address those issues that lead to the arrest. When a Michigan DUI client is proactive, the court may very allow them to continue a treatment on their own rather than being ordered to follow a court regimen of treatment. Sometimes those court-sponsored are not tailored enough to meet your client’s needs. Moreover, your client may development a trust relationship with the counselor or therapist they are seeing. They may have formed a bond.

This is not to suggest that a DUI client should do certain things simply with a means toward appearing in a more favorable light. Being proactive should demonstrate a level of sincerity by your client. The attorneys at SMDA are equipped to make recommendations for their clients with treaters throughout Southeastern Michigan. If you are arrested for a drinking and driving offense, be proactive and contact an SMDA attorney.

Of course, look to your attorney for specific treatment recommendations, but a good starting point can be found at the Substance Abuse & Mental Health Services Administration.