Getting a Restricted License

[N300ta1]

My question involves a driver's license issued by the State of: Indiana

I live and work in Indiana. Last December I was arrested for OWI just over the border of Michigan. The officer read me the 'Chemical Test Rights' but i was unclear on a few things. I asked him to re-read it or let me see the document for 2 minutes.. He refused. At this point I told him, 'Officer, I do not understand what you have read me', at which point he started filling out the 'refusal' paperwork. As you know, that means an automatic one year suspension! I have been to one appeal hearing a few weeks ago, but was denied. I have another opportunity but i dont know if its worth trying.. Are these ever thrown out? or is it a waste of all of our time? And should i be dealing directly with Indiana since that where i wish to get my liscense back?

Also, seeing as how i am an Indiana residant and this happened in Michigan, my probation officer is about 45 min away.. my alcohol counciling is 30 min away.. and my work is 20 min away.. will the secretary of state take that into account in granting me my restricted liscense? Without that I dont know how i can fulfill my obligations to the court.


Thank you for any advice you have.. i could really use it!

[licensegrl]

In most States, when you apply for license and sign your name you automatically are consenting to a breath test when asked by law enforcement. In most States (i'm not sure if MI is an "implied Consent State) it is your responsivility to know this part of the law prior to applying. In other words..."ignorance of the law is no excuse". When you signed for your license, you agreed to submit to the test if asked. However, you are licensed in Indiana so maybe this will help. Where this officer actually took the time to explain your rights regarding the etst could be your saving grace. If you misunderstood his wording, etc. Perhaps an attorney here could look into any cases where this has happened before.

[That Guy]

And should i be dealing directly with Indiana since that where i wish to get my liscense back?

That is a very interesting question. On the one hand, your violation was in MI so IN's ability to remove the restriction is limited by virtue of the MI violation and resulting restriction.

However, with you being an IN resident and I assume you are employed there as well, I'm not sure how MI can make a decision to grant you a restricted license in IN... Although their decision might be reported as well.

Also, seeing as how i am an Indiana residant and this happened in Michigan, my probation officer is about 45 min away.. my alcohol counciling is 30 min away.. and my work is 20 min away.. will the secretary of state take that into account in granting me my restricted liscense? Without that I dont know how i can fulfill my obligations to the court.

Public transportation!!! You have to keep in mind that a restricted license after your conviction, is an even higher privilege that that which grants us the regular ability to drive.

So your "either give me a restricted license or I won't be able to fulfill my obligation to the court" inference will more likely be frowned at, shunned and your request will most certainly be denied.

Admit fault (assuming you've been convicted), show some remorse, mixed with some respect for the authority that you are hoping to overlook your mistake and you might get some leeway as to how easy you should have it.

With that being said, I have to agree with Licensegrl's analogy of "implied consent", however, I find it extremely illogical that the law requires an officer to read a legal document to an intoxicated driver whose been deemed unable to drive, yet he is expected to sign an authorization which might quite possibly strip him of some of his rights... What were they thinking of???