Gov. Gretchen Whitmer signed two House Bills on Monday that will expunge operating while intoxicated (OWI) charges for non-repeat offenders and keep the legal blood alcohol content (BAC) level at .08.
The legislation is expected to give a second chance to an estimated 200,000 Michigan drivers.
“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.”
Michigan is currently the only state lacking a firm .08 BAC limit. Without this legislation, the legal boundary for BAC was set to rise to .10 on Oct. 1. Whitmer says this would’ve endangered drivers statewide and cost millions in federal dollars.
Through the Bills, those with OWI convictions will be able to seek expungement of their first offense five years after their probation ends. Drivers can submit a petition to the court, and it will be decided by a judge.
Incidents that caused death or serious injury to a victim are not eligible.
They will allow for the criminal record erasure of first-time offenses for the following:
- 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
“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,” said Safe & Just Michigan Executive Director John S. Cooper.
“People who can show that their DUI conviction was a one-time mistake should have an opportunity to make a fresh start.”
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