While Michigan law allows for different variations of Operating While Intoxicated offenses, the most common offenses are for Driving/Operating Under the Influence (DUI/OWI) and Operating/Driving While Visibly Impaired (OWVI/DWVI).
As seen below, Operating While Intoxicated offenses are generally prosecuted based on the amount of DUI’s an individual has accumulated to that point.
• DUI-1st offense (Misdemeanor-93 day Max)
• DUI-2nd offense (Misdemeanor-1 Year Max)
• DUI-3rd offense (Felony-5 Year Max)
Traditionally, these types of offenses have been excluded from expungement under Michigan law. However, that is about to change with the recent passage of HB 4219 and 4220. These amendments to Michigan’s Clean Slate Act will go into effect on Feb. 19, 2022, and will open the door for expungement of certain DUI offenses.
Learn more by reading Clean Slate for First-Violation DUI FAQ Fact Sheet.
Download>> DUI Expungement FAQ dated December 9, 2021