Legislation to allow for the expungement of one-time drunken driving offenses is back on the docket. Approved by the Michigan House in March, state lawmakers are now waiting to see if the bills will be approved by the Senate and Gov. Gretchen Whitmer as well.
In this regard, residents may be wondering how it would impact DUI license restoration and if there would be failed interlock test consequences.
In short, the new legislation would not impact DUI license restoration. At the same time, however, failed interlock test consequences may include the denial of license reinstatement requests and possibly denial of expungement.
What would this expungement legislation do?
If approved, House Bills 4219 and 4220 would allow drivers to have one-time drunken driving convictions set aside. The convictions would still be available for courts and law enforcement officers in the event of future drunken driving violations or other criminal activities. However, the one-time convictions would essentially be erased, so they would not affect such things as job applications or loans.
Approximately 200,000 Michigan drivers would be allowed to ask a judge to set aside the conviction. Expungement would not be allowed in cases of drunk or drugged driving that resulted in death or serious injury.
Known as “Clean Slate Michigan,” Gov. Whitmer had signed legislation in October 2020 to allow for the expungement of many other types of convictions. Some felonies will even be expunged automatically beginning this coming October.
However, she essentially vetoed the drunken driving expungement aspect by not signing it. According to various reports, she did not say why she “pocket vetoed” the proposals. This is the only portion of the clean slate package that was not signed into law.
After her veto, several lawmakers said they planned to reintroduce the proposal, and that occurred several weeks later. State Rep. Joe Bellino (R-Monroe) introduced House Bill 4220 and state Rep. Tenisha Yancey (D-Harper Woods) introduced House Bill 4219 on Feb. 11.
HB 4220 would amend Section 1c of Public Act 213 of 1965, which provides for setting aside convictions in certain criminal cases, to allow the setting aside of a conviction for operating while intoxicated (OWI) under certain circumstances.
HB 4219 would amend the definitions of “first violation operating while intoxicated offense” and “operating while intoxicated” as applicable to this issue.
Each of the bills passed the House by a vote of 93 to 17 on March 10.
On April 29, the Senate Judiciary and Public Safety Committee approved the bipartisan legislative package, sending the bills to the full Senate.
Opponents of the Proposal
Opponents of the legislation include some law enforcement agencies and Mothers Against Drunk Driving, which has said that the legislation undermines the seriousness of drunken driving. However, MADD has placed a focus on the use of ignition interlock devices in this regard if the legislation were to become law.
In a letter to the House Judiciary Committee, MADD National President Alex Otte said the organization opposes expungement for any impaired driving conviction because the practice undermines the seriousness of the violent crime of impaired driving and reduces accountability.
“For MADD to support this legislation, we ask it to be amended so a person must show proof of six months of continuous use of an ignition interlock device and other conditions before being granted expungement or having their record set aside,” she states in the letter.
“MADD supports the use of ignition interlocks and an amended HB 4219 and HB 4220 as these devices help ensure first-time offenders do not become repeat offenders. According to the Centers for Disease Control and Prevention (CDC), all-offender interlock laws reduce drunk driving recidivism by 67 percent.”
She goes on to note that ignition interlock devices are required for all repeat offenders and first-time offenders with a blood-alcohol concentration of 0.17 or greater.
“According to a 2016 Secretary of State Study of Sobriety Courts in Michigan, 97 percent of court participants ordered to install an interlock complied,” she said. “Of the participants using an interlock, only 11.4 percent failed to graduate from the program — a rate nearly three times better than the number of participants not using an interlock who did not graduate. This shows that interlocks do work in Michigan.”
According to MADD’s research, interlocks help reduce repeat offenses even after the device is removed by 39 percent when compared with drivers who never installed an ignition interlock device. According to MADD, research from the CDC indicates that some first-time offenders had driven drunk at least 80 times before they were arrested.
Failed interlock test consequences may include an inability to get one-time convictions expunged, but the details of this policy will remain to be seen. As of late April, the bills had not been amended to reflect this request.
Supporters of the Michigan DUI Expungement Proposal
Proponents argue that laws are far too harsh on first-time offenders. Steep penalties for such crimes can push individuals into poverty due to challenges in gaining employment.
They say the one-time convictions affect individuals’ ability to obtain jobs and affordable loans. They further argue that the drivers paid their debt and therefore should be able to put that era of their lives behind them, especially because many of these offenses occurred years ago.
Michigan Attorney General Dana Nessel is one of many supporters of the proposal. In some cases, individuals who drove while intoxicated decades ago still face the consequences, which many lawmakers consider unjust.
“People seeking this second chance have fulfilled their sentencing obligations, paid their part, and are simply seeking an opportunity to have a regular, normal life and be able to afford employment and housing,” Rep. Yancey had said in a Detroit Free Press article.
In mid-March, Rep. Bellino sent a letter to Whitmer urging her to support the legislation, noting that “people who make a one-time mistake often have difficulty finding gainful employment and setting their life back on track with this offense on their record,” according to a post on his site.
He has said that a single misstep does not define someone’s life.
“This is an issue I have been championing for a long time, and I am glad to see my colleagues on the other side of the aisle agree once again that this is important legislation,” Bellino said in a post added to his website after the House approved the package.
“Speaking as an addict in continued recovery – for more than 30 years – I understand the importance of second chances. First-offense DUI charges have very low rates of recidivism, and I truly believe reform is the answer to crimes like these, not punishment.”
How would this legislation impact DUI license restoration?
The DUI license restoration process would essentially remain the same. Drivers would have to submit requests through the Michigan Secretary of State to get their licenses restored.
They also would have to petition the court to have single DUI convictions expunged. If the legislation is approved, they may make the petition three years after they have completed their probation or parole.
In some cases, drivers whose licenses are suspended are required to use an ignition interlock device to prove their sobriety. Failed interlock test consequences include a possible denial of these requests.
I will continue to monitor the Michigan DUI expungement issue closely, as it may affect many Michigan drivers in the future.