How Long Does a DUI Remain On My Record in Michigan?

A DUI conviction can have serious and lasting consequences that extend far beyond fines or a temporary license suspension. Many are surprised to learn just how long a DUI can remain on both their criminal and driving record. Understanding the state’s requirements, how a conviction affects your life, and whether it can be removed from your record is crucial to protecting your future. Continue reading for more information and work with a knowledgeable Marquette DUI lawyer today.

What is a DUI?

DUI stands for Driving Under the Influence, though in Michigan, the term is Operating While Intoxicated (OWI). The phrases are interchangeable and refer to the serious criminal offense of operating a motor vehicle while under the influence of drugs or alcohol. This means with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or a combination of the two.

There are several types of DUI/OWI charges in Michigan, including:

• OWI: BAC of 0.08% or higher
• High BAC: BAC of 0.17% or higher
• OWVI: Operating while visibly impaired (does not require 0.08%)
• Zero tolerance: Any measurable alcohol in the system of a driver under the age of 21

A conviction for any of these offenses can result in significant penalties and legal repercussions.

How Long Does a DUI Remain On My Record in MI?

An OWI conviction in Michigan generally remains on your driving record and your criminal record permanently. On your Michigan driving record, points related to an OWI conviction will typically remain for a period, but the conviction itself and the record of the violation are not automatically removed. The Secretary of State maintains this record. For commercial driver’s license (CDL) holders, OWI offenses can have even longer-lasting negative implications on their ability to maintain their license.

On your criminal record, a Michigan OWI conviction also remains permanent. Unlike many other misdemeanor offenses, OWI convictions were historically ineligible for expungement, which is the legal process of sealing or setting aside a conviction. However, recent changes to Michigan law have made a single, first-time OWI conviction eligible for expungement, given that specific conditions are met and a certain waiting period has passed. It is important to understand that even with this change, the conviction does not automatically disappear. Instead, a person must petition the court to have it set aside. For repeat offenses, the conviction remains on the criminal record indefinitely.

How Does a DUI On My Record Affect Me?

A DUI/OWI conviction can significantly impact various aspects of your life. It may lead to increased auto insurance rates, difficulty securing employment, and limitations on housing options. While Michigan’s “Ban the Box” laws restrict employers from asking about criminal history on initial job applications, a background check conducted later in the process will reveal the OWI conviction. This can still lead to denied professional licenses or career setbacks.

For more information and legal assistance, contact an attorney at Berger Law today.