"Can My OWI/DUI Conviction be Expunged?"

“Is OWI a Misdemeanor Crime?”

“Can I have a diversion or delayed sentence to avoid an OWI conviction on my record?”

“How long will this conviction be on my public record?”

“Will there ever be a change in the expungement laws to allow me to remove this OWI?”

Unfortunately, OWI/DUI is either a misdemeanor or felony under Michigan law. A person who is arrested for OWI has to provide fingerprints, and a comprehensive criminal history report (“CCH”) is generated. This CCH report can easily be accessed by the public via State Police websites and other background search sites.  And, if a person either pleads guilty or no contest to the charge, or is found guilty at trial, the CCH reveals a conviction. That conviction can never be removed, and will remain on a person’s CCH for the rest of his or her life unless Michigan changes its expungement eligibility laws. There are no available diversion/delayed sentence programs for OWI/DUI, so there’s no way to “earn” the dismissal of the conviction after a period of probation like there is for many other criminal offenses.  

If you’ve been charged with an OWI/DUI in Michigan, the best way to avoid a lifetime conviction on your record is to avoid a conviction in the first place. Dan and his team at Geherin Law Group in Michigan have won many OWI cases over the past 23 years. Contact a licensing lawyer in Ann Arbor, Michigan today to learn your rights!

Why Can’t an OWI/DUI Conviction be Expunged?

On September 24 2020, the Michigan legislature sent a package of bills (collectively referred to as, “Clean Slate Initiatives”) to the Governor which would expand expungement eligibility for thousands of Michigan residents who have been convicted of certain crimes. The laws will: lessen waiting times; make some charges automatically erasable; expand the number of convictions eligible; and shelter some juvenile cases from public view. What’s missing from this new package of bills? OWI/DUI Expungement.  

If you’ve been charged with an OWI/DUI in Michigan, the best way to avoid a lifetime conviction on your record is to avoid a conviction in the first place. Dan and his team at Geherin Law Group in Michigan have won many OWI cases over the past 23 years.

Contact a licensing lawyer in Ann Arbor, Michigan today to learn your rights!

“What does it mean to have my license restricted?”

Often, clients who have been suspended or revoked ask Dan about getting a “restricted” license.  Questions like these:

“What does it mean to have my license restricted?”

“Are the restrictions automatic, or do I have to provide proof to the SOS?  To the police?”

“How long will the restrictions last?”

“What if I get caught driving outside of my restrictions?”

We're available 34/7, we know everything there is know know about restricted licenses in the state of Michigan, and we'll fight to restore your license. For more information, visit us at MILicenseAttorney.com, or call 24/7 at (734) 263-2780.

What is a "Restricted" License in Michigan?

Many people take for granted their Michigan Driver’s License—until they lose it to a suspension or revocation. Then they realize how truly difficult it is to work, take care of a family, and perform basic life responsibilities. For those Michigan drivers who have been suspended or revoked due to criminal/drunk driving conviction(s), they face a long road (no pun intended) to ever getting back on the road lawfully.

For more information about what a restricted license is in Michigan, visit our website! 

THE JUDGE WANTS ME MONITORED FOR ALCOHOL CONSUMPTION, WHAT ARE MY OPTIONS?

You’re charged with OWI 1^st Offense for driving with a blood alcohol level of .12, but unfortunately you were involved in a minor accident.  At your Arraignment, the Judge orders that you not possess or consume any alcohol whatsoever but doesn’t simply trust you or put you on “your honor” to comply. 

Instead, the Judge orders that you begin testing for alcohol use every day while your case is pending.  Facing an OWI charge? Do you have questions about your rights and responsibilities when being tested for alcohol? You want Michigan License Lawyer on your side, specializing in driver’s license reinstatement, OWI charges, and license appeals in Michigan. 

Need more information? Check out our website!

How does a tamper / circumvent ciolation arise?

Some interlock companies are better than others at explaining how to avoid a tamper/circumvent violation.  Some will even help drivers send in documentation proving an innocent explanation before a reinstatement occurs.  Others will leave the fight up to the driver by herself. 

  

As a general rule, if the vehicle battery dies or if mechanical work is needed, the driver must document the problem (i.e., collect receipts, take pictures, preserve texts/phone calls, etc.) and ask the interlock company and/or SOS for permission to disable/replace the device.  This is often the only way to potentially avoid or appeal a major violation for tamper/circumvent.  If a reinstatement occurs, the driver has a short time window (usually 14 days from the reinstatement date) to request an appeal at the Secretary of State.  If that appeal is denied, the driver can often file a Legal Appeal in his County of Residence Circuit Court. 

 

If you have received a Major Violation notice, please call us immediately. After all, the process of license reinstatement in Michigan is difficult enough! If you have any other questions/concerns about the BAIID device and any claimed violations, call Dan and his team at MichiganLicenseLawyer.com   We’re available 24/7, we know everything there is to know about BAIID Ignition Interlock devices, and we’ll fight zealously to protect or restore your license.  For more information, visit us at MiLicenseAttorney.com, or call 24/7 at (734) 263-2780. 

WHAT IS A “TAMPER/CIRCUMVENT” VIOLATION ON MY INTERLOCK DEVICE?

Michigan residents who have had their driver’s license revoked for OWI but reinstated are often required to install an Ignition Interlock device (technically known as a “BAIID” for Breath Alcohol Ignition Interlock Device) in their vehicle.  These same devices are notoriously fickle, in that many drivers encounter countless technical glitches with them.

One of the most common technical glitches is called a “tamper or circumvent,” which gets reported anytime the BAIID unit is disconnected or loses power. Tamper and circumvent violations arise from loss of battery power in the vehicle. This often happens unintentionally, from driving an older car, or from the cold Michigan winter. 

Such violations can make a difficult process even worse—if you are struggling with your license reinstatement in Michigan and need help, Michigan License Lawyer is here for you!

For more information about tamper and circumvent violations, visit our website!