Under Michigan Law, as revised a few years ago, any combination of 3 alcohol-related Traffic Offenses within a person’s lifetime can result in a Felony charge. This changed the old law, which held that a person need to have 3 alcohol-related Traffic Offenses within 10 years in order for that 3rd Offense to be charged as a Felony. This means a person who had a DUI 32 years ago, and then another 27 years ago, and who is now charged with an alcohol-related Traffic Offense (usually OWI) can be charged with a Felony.
The State reasons, and you really can’t disagree, that if DUI’s could be expunged, a person could avoid being charged with a 2nd or even 3d (Felony) Offense until they picked up their 3rd or 4th charge, respectively. It’s a kind of Free Pass for DUI’s that no politician is ever likely to back.
That said, I agree with those who point out that it seems rather unfair that a person can come back to Court 5 years after they’re convicted of a very serious crime, like Delivery of Heroin, or Aggravated Assault, or Home Invasion, or even a whole host of Sex Crimes, and have it taken off their Record, while a person who got caught, on one occasion in their lives, after having had a few too many drinks, and is otherwise a hard-working, tax-paying and law-abiding member of society, is left without a remedy. That doesn’t seem right.
But, as the saying goes, it is what it is. I wouldn’t hold out much hope that DUI’s will someday be “Expungable.”
If there’s any good news here, it’s that most people will survive a DUI without much, if any, damage. Except for those who hold a CDL Endorsement, a 1st Offense DUI is not the end of the world. Contrary to the way things might feel at the moment a person is facing such a charge, it will not ruin their life.
But it will not go away, either. In that sense, getting a DUI is more like being branded as opposed to tattooed. There is no way to erase it.
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