QUESTION

What are the statute of limitations of a DUI to get my driver's license back?

Asked on Jun 30th, 2012 on Criminal Law - Michigan
More details to this question:
Was charged with a DUI 23 years ago and now MI has blocked me changing my FL drivers license to OH. After charge my family moved back to OH and at that time I was not able to get licence for 4 years. I have always carried a license since that 4 year period. OH until 5 yrs ago to FL and have moved back to OH and now not able to get one. I have mailed them a 10panel test and evaluation which stated I did not meet req for counseling. Is there a statue of limitations? They have denied all documentation and have stated I need to have a court hearing.
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8 ANSWERS

Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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There is no statute of limitations for this. There is an Interstate Driver Compact and a National Driver Registry which are designed to limit every US driver to one driver's license and one driving record, all of the states report to each other now. It sounds like your license was revoked in Michigan 23 years ago. You are not going to be able to get a license in any other state until you first clear of Michigan, which means going through a driver's license restoration hearing. It also sound like you attempted to do that by way of an Administrative Review, where you send in a substance abuse evaluation, support letters that confirm your sobriety, and any other information, and were refused. As a result, you only option at this point is to request an in person hearing in Michigan. I think you have taken this as far as you can by yourself, it's time to work with an experienced drivers license restoration attorney.
Answered on Jul 19th, 2012 at 1:53 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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It is not clear how MI has anything to do with the license now. If you never satisfied MI, then that may explain it. You need to clear your license in Mich transfer to another state. If you failed to do that, then you need to comply with the MI requirements. A quick call to the Michigan SOS will answer your questions. I hope that this was helpful.
Answered on Jul 16th, 2012 at 8:49 AM

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Michael J. Breczinski
There is a statute of limitations but it does not count the time you were out of State. You should sit down with a Michigan Lawyer and figure if it has run. You need to address the situation.
Answered on Jul 16th, 2012 at 7:44 AM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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You state that you were charged with drunk driving 23 years ago. If the charge was never answered, then it remains open and does not expire under the statute of limitations. The statute of limitations tolls if the charge has been brought and the defendant fails to appear in court to answer it. If this is the case, then Michigan suspended your license for failure to appear in court. That is why you need to resolve the pending charge in order to lift that suspension. Of course, being 23 years old, you probably have a stronger position then you did back then.
Answered on Jul 16th, 2012 at 7:31 AM

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Criminal Law Attorney serving Grand Rapids, MI at The Law Office of Thomas B. Baynton
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I am assuming that the OWI conviction 23 years ago was your second in 7 years, which would have resulted in a 1 year revocation. Since the conviction was before 1991, you can petition the circuit court in the county where you received your last conviction to restore your driving rights in Michigan. Once Michigan restores your driving privileges, you should be free to get a license in Ohio or Florida.
Answered on Jul 16th, 2012 at 7:25 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Not everything you said sounds correct. If your license was revoked, you must have at least 2 or more DUIS.
Answered on Jul 16th, 2012 at 7:19 AM

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Leonard A. Kaanta
There is no statute of limitations, you should ask for a hearing and get an attorney who does license restorations.
Answered on Jul 16th, 2012 at 7:16 AM

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From your question, it appears that you were charged with a DUI in the State of Michigan. Once you have been charged with a crime, and a criminal warrant has been issued, any statue of limitations are tolled (stopped). A Statue of Limitations is applicable once a certain period of time has passed based on state law, but before a warrant has been issued. This will prevent the prosecutors from issuing a criminal warrant against you. Because you have been charged, but your criminal DUI has yet to be adjudicated, you will need to eventually set aside any warrants and schedule a court date to address the DUI. Due to the age of this case, I would advise you to consult myself or another criminal defense attorney in Michigan to work towards having this case dismissed so you can move on with your licensing. The sooner the better because the warrant will not disappear until you take action through the necessary court proceedings.
Answered on Jul 03rd, 2012 at 4:15 PM

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