Mattawan, MI DUI and OWI Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is possibly, depending on the circumstance of the original plea. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

I am sorry to hear about your parents; however, hardship is not a basis for an appeal. None of your letters in support of sobriety should even mention them; as the SOS dislikes hardship pleas. Yes, you do need to pay your driver responsibility fees. You really do need an experienced attorney because one small mistake will make you denied and then you will either have to come back to MI for hearing, or wait another year. Some driver license attorney's prefer their client to come to a hearing (your choice.) I am not one of them. I like to do it through an administrative review where all documents required are submitted at once. If you were to hire me, you could have your assessment done by Skype in Michigan. It is difficult to deal with out of state assessors because they do not know the "Michigan way." Getting your drug test is a bit difficult because it has to be done by a lab with two out of 3 integrity variables, or an adulterant test and the integrity variables must show on the tox report. You can't go in for a drug test and come out with a valid test. They have to be done by a lab. You will need letters from people who have known you for at least a year and all have to state when you stopped drinking alcohol or using drugs, even if they did not know you in 2006. The letters also have to have many other things that the SOS won't tell you to include. There is also a petitioner's affidavit. If you are on medication, you have to get a physicians report, which can be time consuming and cumbersome. Doctor's are hard to deal with, but it can be done. Since you have been sober since 2006, you have a great chance; however, again, one or two little mistakes will make you wish you had a lawyer from the beginning.

You need more information. Did you have a lawyer, if so you should discuss your appellate rights and chances. If not, what will you appeal? Did you run a motion to suppress? Were you convicted at the conclusion of a jury trial? These are things that are normally appealed, if you didn't have a lawyer you may be able to withdraw your plea and then hire a lawyer to file and argue a suppression motion or set your case for a jury trial where twelve people listen to the evidence and make a decision of your guilt or innocence beyond a reasonable doubt.