Secretary of State Formal Administrative Hearing Level II – Significant Risk In the Matter of the Revocation of the Driver’s License and Driving Privileges of A.S.
Our client came to us after receiving two DUI's and being convicted on both within a six-month period. After his second DUI arrest, our client's license was revoked and subsequent to his license being revoked, he picked up and was arrested on three different occasions for driving while revoked. When our client first came to us, we instructed him to obtain treatment on the DUI's and referred him to our participating provider. Also, due to the fact that both of his DUI's occurred within a ten year period, he required to participate in the BAIID (breath alcohol ignition interlock device) program because he had two or more DUI convictions within ten years.
After completing the treatment and evaluation through the treatment provider that we referred him to, the hearing officer found that the evidence supported that our client was a significant risk classification and our client testified to the following: That he had maintained abstinence since shortly after his second DUI and that his resolve to remain abstinent appeared to be sincere, that he had also testified to the following symptoms of alcohol abuse and dependence in that he had hangovers and increased tolerance. Our client further indicated and admitted to the Secretary of State that when he did drink he was a problem drinker/user. After completing 20 hours of outpatient treatment, as well as after-care through the treatment provider, our client learned and testified to the Secretary of State that his drinking problem was due to having abused alcohol because of peer pressure. He learned the following regarding his alcohol problem: He learned about alcoholism, how alcoholism can destroy lives, that he, in fact, abused alcohol and he learned what the cause of his abuse of alcohol was and what lifestyle changes he needed to make to avoid this alcohol abuse. He also testified and gave proof to the Secretary of State that he made significant changes to his lifestyle by no longer going to bars, by working out at the gymnasium several times a week, taking English courses and a computer class, reading the paper, walking and going to the park.
After testifying as to his employment, the Secretary of State indicated that our client carried his burden of proving that he has satisfactorily addressed his alcohol problem and that he would be a safe and responsible driver if the Secretary of State granted him driving relief. The Secretary of State therefore recommended that our client, in fact, be granted driving relief and granted him a restricted driving permit so that he could drive to and from work, as well as pursue his business in self-employment as a carpenter.