Legal Question in DUI Law in Michigan

re open closed case

Is it possible to re-open a DUI or ZERO Tollerance case that my son plead guilty to in 2002 or 2000. In Mi. they no longer remove Alchole conviction from records after 10 years but they remain for life. HB6009 and Sen Bill 1241.

Under the revised Bill if a person with 2 prior convictions regardless of the number of years since the last conviction it becomes a Felony.

He was 19 in 2000 with the Zero.Tol

and 21 for the DUI in 2002

As you can see under the old law he would his record would have been clean by 2011.


Asked on 3/21/07, 5:01 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: re open closed case

Gee, what a dad! You want to clean up your son's record so he can drive drunk in the future. Barring some miracle I'm unaware of, it's not possible to reverse his old convictions.

Drunk driving convictions stay on his record as long as he lives. They are never removed, nor can they be. He couldn't "clean up" his record before the new law, and he can't clean it up now.

All Heidi's law does is that, beginning on 1/03/07, anyone arrested for drunk driving who has 2 prior alcohol related driving offenses in his lifetime can be prosecuted as a felon.

So the next time your 26 year old kid gets behind the wheel after ingesting his usual load of alcohol, or has even a trace of marijuana in his system, he risks becoming a felon. Good luck in bailing him out next time.

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Answered on 3/28/07, 11:17 pm


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