Michigan Law Lifts Barriers for Drunk Drivers to Clear Record

Effective February 19, 2022, individuals convicted in Michigan of drunk driving can seek to set aside their conviction for a first violation operating while intoxicated (OWI) in certain circumstances.

Receiving bi-partisan support, this “clean-slate” legislation paves the way for over 200 000 Michiganders to be eligible to clear first-time drunk driving convictions. The purpose underlying this legislation is to allow individuals to move on from a past mistake while permitting them to compete for jobs with a clean record.

Both the House and Senate bills redefine and limit “first-time violation operating while intoxicated” applications to situations where there has been neither an operating while intoxicated causing death nor causing a serious injury.

Under the new legislation, an individual seeking to set aside the first violation for operating while intoxicated may file an application with the convicting court 5 or more years after whichever of the following events occurs last: the imposition of the sentence, completion of probation, discharge from parole, or completion of any term of imprisonment for the conviction sought to be set aside.

In making a determination as to whether to grant the application to set aside the first-time driving while intoxicated conviction, a reviewing court may consider the extent to which the individual has benefited from rehabilitative or educational programs. The focus for any reviewing court is to ascertain whether the individual has taken positive actions to learn from their conviction.

One important caveat is that despite an individual’s criminal conviction being set aside on application, the conviction will not be removed from their driving record with the Secretary of State.

Contact Kustra & Bloom for more advice on this and other federal or state criminal law issues.