First time OWI/OWVI offense will stay on public record for life in Michigan unlike other crimes?
Here is what I found qualifies for a crime to be considered for an expungement in public records in Michigan.
You only have ONE conviction;
2. Your one conviction is NOT for:
a. An actual or attempted crime punishable by life in prison;
b. Actual or attempted criminal sexual conduct in the second degree (felony);
c. Actual or attempted criminal sexual conduct in the third degree (felony);
d. Actual or attempted assault with intent to commit criminal sexual conduct (felony); or
e. A traffic offense; and
3. More than 5 years have passed since your sentence was imposed or your prison term was completed, whichever is later.
Does it seem fair that a one time offense stays with you for your entire life in Michigan? Why would a traffic offense stay on public record for life but not violent crimes such as domestic violence which be expunge after five years. Drinking and driving may have been one mistake made with no intent to harm for most offenders and they were punished. It will always be there for courts and the law but does it have to be public?
Would a proposal to chage this law be worth the effort?
3 Answers from Attorneys
Ask MADD what they think of your proposal. I'm sure they would disagree and they are a very powerful organization. www.kliszlaw.com. Tim Klisz
Why, in order to change the law, you'd have to assemble a number of legislators with the courage and integrity to do the right thing against a storm of public opinion to the contrary.
It would be more productive to say:
God grant me the serenity
to accept the things I cannot change;
courage to change the things I can;
and wisdom to know the difference.
Go for it! Drunk driving (OWI) are out of control in Michigan. Drunk driving has become one of the most difficult and complex area of law with penalties becoming more and more severe. No other offense in Michigan has gone through as many revisions as the drinking and driving statute.
The legislative history and seemingly never-ending revisions reveals a trend in Michigan toward zero tolerance and a strict liability standard. Though it is not against the law to drink and drive, but one can argue that it may well be against the law in the future. This seems to be the direction we�re heading. One indication is the addition to the drunk driving statute of the charge of operating with the presence of a controlled substance (OWPCS), MCL 257.625(8) which can make one wonder where these laws are heading in Michigan.
Changes in Michigan�s drinking and driving laws remain driven by groups such as Mothers Against Drunk Driving and our State�s desire for federal highway funds (money incentive from the Federal government). Federal legislation enacted October 23, 2001, as part of a national transportation funding law, penalized states that did not implement the .08 BAC standard for drunk driving by 2004 by gradually reducing their federal highway funds. States that adopted the standard by 2007 would get back any lost highway funds.
Almost every legislative session brings major revisions, making it essential that Lawyers review the statutes themselves. Rewrites of the principal penal statute, MCL 257.625, for example, occurred in 1991, 1993, 1994, 1996, 1998, 1999, 2000, 2003, 2004, 2006, and 2008. In Michigan, the effect has been to criminalize more conduct, to increase penalties (particularly for repeat offenders), and to make it easier to secure convictions. The most recent amendments provides the prosecutor and the court with much greater leverage in plea bargaining.
The most recent revision takes effect in late 2010 which is called �super drunk driving� offense (BAC of .17 OR MORE), with enhancements to first offender punishments, including increased jail time, fines, mandatory counseling increases, and significantly greater driver�s license sanctions.
Given the legislative changes and appellate court decisions, for what was the law yesterday may not be the law today. So good luck on your quest. I am on board and I think every criminal defense lawyer in Michigan would be too.
Daniel Hajji 248.865.4700
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