Gov. Gretchen Whitmer this week signed bills that allow for expungement of convictions for a first violation of operating while intoxicated (OWI) under certain circumstances.
The bills are expected to allow an estimated 200,000 non-repeat OWI offenders to have the opportunity for a second chance at a clean record.
The governor also signed legislation that continues Michigan’s legal blood alcohol content (BAC) level for driving at .08, eliminating a planned sunset that would have increased the limit to .10.
“No one should be defined by a mistake they have made in the past,” said Whitmer. “These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.”
The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends.
Applicants must submit a petition to the court, which would be reviewed and determined by a judge. Incidents that caused death or serious injury to a victim are not eligible.
John S. Cooper, executive director of Safe & Just Michigan, said the bills “represent “a long-awaited chance for a fresh start for tens of thousands of Michiganders whose opportunities have been limited by a single old DUI conviction.
“Drunk driving is a serious problem in Michigan, but permanently limiting a person’s ability to work and drive based on a one-time, decades-old mistake does not make sense. People who can show that their DUI conviction was a one-time mistake should have an opportunity to make a fresh start.”
Shelli Weisberg, ACLU of Michigan political director, said her organization was honored “to work alongside many coalition partners to shed light on the needlessly harsh and racially-biased criminal legal system that especially impacts youth, Black people and communities of color.
“The expungement law is another step forward in transforming our criminal legal system so that people have the opportunity to be restored and can contribute to their communities. We urge lawmakers to continue on this path of reform until the work is done.”
House Bill 4219 and House Bill 4220 will allow first-time OWI offense violators to be eligible for record expungement.
Together, the bills allow for the criminal record expungement of first-time offenses for:
• Any person operating a vehicle with a BAC of .08 or more
• Any person operating a vehicle while visibly impaired by alcohol or other controlled substance
• A person under 21 years old operating a vehicle with a BAC of .02 or more
• Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance
Together, the bills amend the Michigan Vehicle Code and the Code of Criminal Procedure to maintain the state’s per se OWI presumption at a BAC level of .08.
Without this legislation, Michigan BAC legal limit was set to rise to .10 on October 1, 2021.
“Michigan is the only state in the country not to have a firm .08 Blood Alcohol Concentration limit for operating a motor vehicle,” said Rep. Graham Filler. “Eliminating the sunset is not only the right thing to do, but it ensures the safety of those traveling on our roads.”
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