Legal Question in DUI Law in Michigan

DUI Conviction

My future son-in-law had a DUI in Michigan almost 10 years ago. He tried to get his license reinstated and had to have letters from friends/family regarding his character. I wrote a letter telling them the truth about his alcohol consumption - which is very little. The last time I saw him drink, he had a beer - sometimes he and my daughter have a glass of wine with dinner. They are getting married in May and they both are hard working, responsible people. His request was denied - they said it was because of his alcohol consumption - apparently he is not supposed to ever even touch alcohol. What can he do to appeal this decision? I work for attorneys, but no one here is familiar with Michigan law.

Asked on 2/06/09, 4:19 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC
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Re: DUI Conviction

This is a very delicate process, which if not followed to the letter, will result in years of denials. He will not win on appeal, he has to cease all use of alcohol right now. Next year, when he is eligible again, he needs competent DAAD counsel, a proper alcohol evaluation, a 10 panel drug screen and letters from between 6 and 10 people swearing to his long term sobriety.

Finally, this had to be at least a second offense or he would not be in this position with the Secretary of State. Visit me at www.kliszlaw.com to discuss the very important details of how to do this the right way. Tim klisz

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Answered on 2/06/09, 4:54 pm
William Morrison Action Defense Center
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Re: DUI Conviction

Sorry to rat out your future son-in-law, but he just didn't have "a" DUI 10 years ago, he had at least 3 in 10 years and probably more.

When he went to a hearing to get his license back and failed, the examiner informed him that he must be totally abstinent from alcohol for at least a year before his next hearing. He either doesn't pay attention or he can't stop drinking. If he can't stop drinking, he won't get a license. It's obvious he's doing nothing about his alcohol consumption or else he'd be going to AA or another rehab as some indicator of his sobriety which he must show his examiner.

You unwittingly put the kabosh on his last hearing when your letter revealed that he drank "very little" alcohol. 80% of alcoholics are beer drinkers.

Your sympathy for his drinking is puzzling.

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Answered on 2/06/09, 8:23 pm

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