It’s a major inconvenience to be without a driver’s license, and one our clients often encounter as a result of operating while intoxicated (OWI), also known as driving under the influence (DUI). If you’re arrested for DUI, you’ll be asked to take a breath test at the police station called a DataMaster. This article covers how to submit a hardship appeal after refusing the alcohol breath test.
The DataMaster records the alcohol concentration in your breath sample, or a blood or urine test. If you refuse the tests, your license will be suspended for one year by the Secretary of State (SOS). In this article you’re learn about hardship appeals and how to file one after refusing a breathalyzer.
When your driver license is suspended, that means you don’t have your driving privileges for a period of time. For example, if your license gets suspended on June 8, 2021, you won’t be able to drive again until June 9, 2022. Fortunately, there’s a way to get a restricted license during that suspension period so you aren’t completely without a license. This is done by submitting a hardship appeal after refusing a breath test.
Not being able to drive to:
– work (or drive if your job requires you to do so)
– drug or alcohol treatment programs ordered by a court
– the court’s probation department
– court-ordered community service
The hours a person can drive are restricted as well. For instance, the license might only allow for driving between 7:00 AM and 6:00 PM.
How does the hardship appeal process work?
You will need to submit a claim of appeal to the circuit court of the county your incident took place in. For instance, if you’re arrested in Hazel Park, your hearing will take place at the Oakland County Circuit Court since Hazel Park is in Oakland County.
If you’re successful at your hearing, the judge will sign an order stating you are granted a restricted license. Your restrictions will be listed on the order so the SOS knows what restrictions to place on the restricted license you’re given.
When can I order a hardship appeal?
It’s your responsibility to get your order to the SOS within seven days of the order being signed by the judge. You must wait for the SOS to process your order before you can drive, even though the judge has already signed the order. The SOS has an online system called the Driver Appeal Integrated System (DAIS) which allows people to file their orders online and track the progress of their order. Click here to create a log in.
By law, the SOS has 21 days to process your order or appeal the judge’s decision. If you’re caught driving before your order is process, you’ll face additional penalties. Therefore, it’s vital for you to remain patient and wait for the order to be processed.