For arrests prior to January 1, 1992, operators could petition directly to the circuit court to seek hardship relief for restricted driving privileges or full restoration. Courts granted relief in approximately 85 percent of the appeals.

The Legislature passed a comprehensive drunk driving reform package in 1991, effective January 1, 1992, limiting appeals to circuit court to a review of the record similar to other administrative appeals under the Michigan Administrative Procedures Act (APA). Pursuant to the Michigan Vehicle Code (the Code), MCL 257.323(6), habitual alcohol offender license revocations with an alcohol arrest on or after January 1, 1992, could only be set aside by a circuit court if the Departmental action was:

• In violation of the Constitution of the United States, or the State Constitution of 1963, or of a statute.
• In excess of the statutory authority or jurisdiction of the Secretary of State.
• Made upon unlawful procedure resulting in material prejudice to the petitioner.
• Not supported by substantial, material, and competent evidence on the whole record.
• Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.
• Affected by other substantial and material error of law.
  

The record subject to appeal was the then Driver License Appeal Division hearing record created pursuant to Section 322 of the Code. If the operator was ineligible for a Department appeal because the minimum time period of the revocation had not run, then the record subject to review was the driving record created pursuant to Section 204a of the Code. The review was, again, limited to the statutory grounds enumerated above. Therefore, the only issue when reviewing the driving record, was whether the agency revocation action was illegal.

This concept was expanded in the repeat offender reform, effective October 1, 1999. The Legislature limited review to a review of the record or a legal issue as defined above, for all licensing actions in circuit court except for three offenses. These may still be appealed on hardship and include:

• a first implied consent suspension, Section 625f,
• a Driver Assessment action pursuant to Section 320, Section 303(1)d, and Section 310d, and
• a suspension imposed under Section 904(10), or (11).
  

Note that the review of Driver Assessment actions and Section 904 (10) or (11) actions are limited to suspensions and do not include revocations. Revocations are not appealable to circuit court on hardship or equity.

No hardship ex parte license is available pending appeal on the record.

Restricted driving privileges are not available from the circuit court.

The legislative intent was to make offenders "exhaust their administrative remedies" similar to other APA appeals. The court must affirm the action of the agency or grant full license restoration.

Judicial review of an administrative licensing sanction under Section 303 shall be governed by the law in effect at the time the offense was committed or attempted. If 1 or more of the convictions involved in an administrative licensing sanction is a violation or attempted violation of this act committed or attempted after January 1, 1992, judicial review of that sanction shall be governed by the law in effect after January 1, 1992.

Immobilization, vehicle forfeiture, and other criminal sanctions are only appealable to circuit court by appealing the sentence imposed for the criminal conviction.

See the chart below for a summary of the standard of appeal for all types of offenses, before and after October 1, 1999.

Venue and Time Limits:

A person may file a petition with the circuit court for relief from a final determination by the Secretary of State in his or her county of residence except for implied consent appeals which must be filed in the county where the arrest occurred. Petitions must be filed in Lansing within 63 days after the final determination is made except that for good cause shown the court may allow filing a petition within 182 days.

The Secretary of State must be notified not less than 20 days before the hearing. If there is a review of the record, 50 days notice must be provided to the Department so that a transcript may be prepared. 

A peace officer, with the consent of the prosecuting attorney, may appeal a determination of a hearing officer from an implied consent hearing.

Each petition shall include the person's full name, current address, birth date, and driver license number. The order setting the hearing, the petition, and all supporting affidavits shall be sent to:

Driver Assessment and Appeal Division

P.O. Box 30196

Lansing, MI 48909-7696.

Requests for Transcripts:

A request for a transcript of a DAAD hearing should be sent to:

Michigan Department of State
Driver Assessment and Appeal Division
Attn: Transcription Unit
P.O. Box 30196
Lansing, MI 48909-7696

Fax Number: (517) 335-2190 or (517) 335-2189

Service of Final Order:

When a final court order is issued, the Petitioner must serve a copy on the Secretary of State within seven days of entry. Prosecutors are required to serve the agency within seven days in order to receive reimbursement for representing the Department. (Even with these requirements there is a problem with receiving copies of all final orders. Without a copy of the order the Department cannot post this information to the driving record or send out an Authorization for Licensure.)

State Court Administrative Office Form Orders:

The State Court Administrative Office provides form orders for restoration appeals. If these form orders are used, mistakes can be minimized. The forms were updated March 2008.  The forms, CC268 and CC269 may be found at http://courts.michigan.gov/scao/courtforms/motorvehicleoffenses/motindex.htm.

Remands from Circuit Court:

Persons who accumulate several licensing actions sometimes drive when their license is suspended or revoked. Any moving violation conviction or finding of responsibility during this period of time will result in a mandatory additional licensing action added on to the end of the original action. Mandatory additional licensing actions after October 1, 1999, will run concurrently.
 
For mandatory additional suspensions/revocations imposed prior to October 1, 1999, the court has jurisdiction to grant restrictions or to set aside mandatory additional actions imposed pursuant to MCL 257.904. However, if the underlying reason for the revocation/denial is because of a Section 303 action, the court may terminate the Section 904 licensing action and then, if relief is granted from that action, remand the matter to the Department to conduct a hearing on the Section 303 revocation/denial. (If there is an arrest for drunk driving on or after January 1, 1992, and if the minimum period of the revocation/denial has not expired, neither DAAD nor the court may grant relief. In such a case, the petition must be denied and a remand to DAAD would not be appropriate.)

After October 1, 1999, mandatory additional revocations will not be appealable to circuit court on hardship, nor will the underlying action. Therefore, remands are not appropriate for mandatory additional revocations imposed after October 1, 1999.