OWI / DUI Expungements Michigan
Michigan House Bill 4219 and 4220 were passed and are now in effect. Those people that were previously convicted of a one-time drinking and driving offense, or driving on drugs offense can petition the courts to have their conviction set aside.
What Drinking and Driving and Driving on Drugs Offenses can be Set Aside?
- Operating while visibly impaired (OWVI)
- Operating while intoxicated (OWI)
- Driving Under the Influence of Alcohol or Drugs (DUI)
- Operating with the presence of a controlled substance / driving on drugs
- Operating with a High BAC or Super Drunk (BAC >.17)
- Person under 21 with a BAC (Minor with a BAC)
An estimated 200,000 people will be eligible to have their driving on drugs or alcohol offense set aside.
Who is Eligible to have their Driving and Driving on Drugs Offenses can be Set Aside?
- Not everyone will be eligible. In order to expunge your drinking and driving or driving on drugs offense it must be a first offense.
- Second and subsequent convictions for driving under the influence of drugs or alcohol cannot be expunged.
- If you have gotten a second offense you cannot expunge your first.
- Child endangerment – having a child in the car under the age of 16 while the drive is under the influence of drugs or alcohol.
- OWI causing serious injury or death cannot be expunged
How do I Expunge My Driving on Drugs or Alcohol Offense?
There is a five year waiting period from the time that you complete your sentence that must pass before you are eligible. This means the earliest you can expunge your offenses is five years after you complete jail, or probation, whatever is later.
Certified records need to be obtained from the court. An application to set aside must be created and signed with a notary. The documents are set to the Michigan Attorney General’s Office, the prosecutor’s office, as well as Michigan State Police along with your finger prints.
Responses will come back from these agencies and the documents are filed with the court. Ulitimiely, a hearing is set with the judge and your lawyer must articulate why you should have this offense set aside.
From start to finish the average time is three to four months.
Michigan Expungement Lawyer
Aaron J. Boria is your premier Michigan expungement lawyer. Boria has expunged countless misdemeanor and felony matters across the entire state of Michigan.
If you want to set aside your drinking and driving or drugged driving offense call us today (734) 453-7806.
For more detailed information on expungement in Michigan check out our main page on the topic.