Michigan DUI – How Long Will it Stay on my Record?

Within my Practice as a DUI and Criminal Lawyer, I am often asked by someone facing a DUI how long it will stay on their Record, or if the can come back later and have it Expunged. The bad news is that a DUI will stay on a person's Record forever, and it can NEVER "come off." A DUI, technically called an OWI (Operating While Intoxicated) is both a Criminal and Traffic Offense. A conviction for a DUI goes on both a person's Driving Record, and their Criminal Record. Beyond that, a DUI falls under a whole different set of Laws related to a Court's obligation to report certain, specified Offenses to the Secretary of State. Part of those Laws is a provision that Criminal Traffic Offenses CANNOT be Expunged, ever. And this applies equally to any Criminal Traffic Offense, not just DUI's. Moreover, the Law forbids the Court from taking a DUI "under advisement," or otherwise "deferring" it. This is often the answer I have to give someone who asks about the possibility of having the charge somehow deferred for a given period of time, and if they do everything they're supposed to do, having the whole thing dismissed, or reduced to a non-alcohol-related Offense. In short, it cannot be done, except in those cases where there is a critical and substantial defect in the evidence. And those situations are few and far between. 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.

Read more detail on Recent Criminal Law Posts –

Legal notice about the Michigan DUI – How Long Will it Stay on my Record? rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.

Do you need High Quality Legal documents or forms related to Michigan DUI – How Long Will it Stay on my Record??

This entry was posted in Criminal Law and tagged , , , . Bookmark the permalink.

Leave a Reply