LANSING, MI (WKZO AM/FM) – Monday, Governor Gretchen Whitmer signed House
The bills are expected to allow an estimated 200,000 non-repeat OWI offende
The governor also signed legislation that continues Michigan’s legal blood alcohol content (BAC) level for driving at .08, eliminating a planned sunset that would have increased the limit to .10.
“No one should be defined by a mistake they have made in the past,” Governor Whitmer said in a statement. “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.”
The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court, which would be reviewed and determined by a judge.
Incidents that caused death or serious injury to a victim are not eligible.
House Bill 4219 and House Bill 4220 will allow first-time OWI offense violators to be eligible for record expungement.
Together, the bills allow for the criminal record expungement of first-time offenses for:
- 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
House Bill 4308 and House Bill 4309 will together amend the Michigan Vehicle Code and the Code of Criminal Procedure to maintain the state’s per se OWI presumption at a BAC level of .08. Without this legislation, Michigan BAC legal limit was set to rise to .10 on October 1, 2021, endangering Michigan drivers and costing the state millions in federal dollars.
“Michigan is the only state in the country not to have a firm .08 Blood Alcohol Concentration limit for operating a motor vehicle,” Rep. Graham Filler said. “Eliminating the sunset is not only the right thing to do, but it ensures the safety of those traveling on our roads.”
