Prescription Medication and Drivers License Restoration
To win back your driving privileges, proving to the Michigan Secretary of State hearing officers that your alcohol problem is under control and likely to remain under control is critical. But sometimes that isn’t enough. Prescription medication can complicate your attempt at drivers license restoration.
I’ve been to several license restoration hearings where a client has demonstrated by the required clear and convincing evidence that their alcohol problem is under control but an issue comes up when this one simple question is asked:
Are you currently taking any prescribed medications?
How you handle this question can make or break your case.
Taking prescribed medications is clearly legal and no one would expect you or anyone else to keep this secret.
However, the reason you need this medication and the effect your medication could have on your ability to drive safely is of major concern to the hearing officers.
Taking Xanax to relieve anxiety is completely different than taking Carbamazepine to help reduce and prevent seizures.
I see all types of clients who take many different medical conditions.
Conditions range from anxiety, heart problems and Crohn’s disease to diabetes and back problems.
All of these clients have had their driving privileges restored and their hearings have gone smoothly because the required documentation from their doctor was submitted.
One of the first matters I go over with my client when preparing for the drivers license restoration hearing is whether they’re taking any sort of prescription medication.
My goal is to address any potential problem sooner rather than later.
If they are I ask them to have their doctor fill out a form called the Physician Statement of Examination. This is a form specifically provided by the Secretary of State and it allows your doctor to answer all the important questions that the hearing officer will want to know about you.
These questions include:
How long have you been taking the medication?
How long you plan to remain on the medication?
How often you see your doctor to monitor your progress?
Does your condition interfere with your ability to drive?
Does your medication interfere with your ability to drive?
Your physician’s statement of examination can sometimes be the most important part of our license restoration case.
This form allows the hearing officer to hear directly from your doctor that your medications are monitored and that they won’t have an impact on your ability to drive safety.
Having this information will allow the hearing officer to grant your driving privileges without worrying about any “what if’s.”
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.