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Governor Whitmer Signs Legislation Allowing Clean Slate for Non-Repeat OWI Offenders, Protects Michigan Drivers by Ensuring that Michigan’s Legal BAC Limit Remains at .08

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LANSING, Mich. -- Governor Whitmer yesterday signed House Bills 4219 and 4220, which will allow for expungement of convictions for a first violation of operating while intoxicated (OWI) under certain circumstances. The bills are expected to allow an estimated 200,000 non-repeat OWI offenders to have the opportunity for a second chance at a clean record. The governor also signed legislation that continues Michigan’s legal blood alcohol content (BAC) level for driving at .08, eliminating a planned sunset that would have increased the limit to .10. 
 
“No one should be defined by a mistake they have made in the past,” said Governor Whitmer. “These bills allow Michiganders to move on from a past mistake in order to have a clean slate. We must clear a path for first-time offenders so that all residents are able to compete for jobs with a clean record and contribute to their communities in a positive way.” 
 
The bills give those with OWI convictions the option to seek expungement of their first offense five years after probation ends. Applicants must submit a petition to the court, which would be reviewed and determined by a judge. Incidents that caused death or serious injury to a victim are not eligible.  
 
“Safe & Just Michigan thanks Gov. Whitmer for signing these popular, bipartisan bills, which represent a long-awaited chance for a fresh start for tens of thousands of Michiganders whose opportunities have been limited by a single old DUI conviction,” Safe & Just Michigan Executive Director John S. Cooper said. “Drunk driving is a serious problem in Michigan, but permanently limiting a person’s ability to work and drive based on a one-time, decades-old mistake does not make sense. People who can show that their DUI conviction was a one-time mistake should have an opportunity to make a fresh start.”  
 
“We are honored to work alongside many coalition partners to shed light on the needlessly harsh and racially-biased criminal legal system that especially impacts youth, Black people and communities of color,” says Shelli Weisberg, ACLU of Michigan Political Director.  “The expungement law is another step forward in transforming our criminal legal system so that people have the opportunity to be restored and can contribute to their communities. We urge lawmakers to continue on this path of reform until the work is done.” 
 
House Bill 4219 and House Bill 4220 will allow first-time OWI offense violators to be eligible for record expungement.  
 
Together, the bills allow for the criminal record expungement of first-time offenses for: 
  • Any person operating a vehicle with a BAC of .08 or more 
  • Any person operating a vehicle while visibly impaired by alcohol or other controlled substance 
  • A person under 21 years old operating a vehicle with a BAC of .02 or more 
  • Any person from operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance 
 
House Bill 4219 was sponsored by Rep. Tenisha Yancey, D-Grosse Pointe, and House Bill 4220 was sponsored by Rep. Joe Bellino, R-Monroe, and copies of the bills can be found here and here.  
 
House Bill 4308 and House Bill 4309 will together amend the Michigan Vehicle Code and the Code of Criminal Procedure to maintain the state’s per se OWI presumption at a BAC level of .08. Without this legislation, Michigan BAC legal limit was set to rise to .10 on October 1, 2021, endangering Michigan drivers and costing the state millions in federal dollars. 
 
“Michigan is the only state in the country not to have a firm .08 Blood Alcohol Concentration limit for operating a motor vehicle,” said Rep. Graham Filler. “Eliminating the sunset is not only the right thing to do, but it ensures the safety of those traveling on our roads." 
 
House Bill 4308 was sponsored by Rep. Abdullah Hammoud, D-Dearborn, and House Bill 4309 was sponsored by Rep. Graham Filler, R-DeWitt, and copies of the bills can be found here and here.  
 
A copy of the signing letter can be found here:  
 


  • 2021 HB 4308-09 Signing Letter (2021.08.23-02).pdf
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  • Surreal ValeCity online media
  • May 10 2022 Edition
    • Liberty Point Restaurant Philadelphia
    • Elections 2022 >
      • Kelly for Alaska >
        • Tshibaka Murkowski Gross Disregard Workers
        • Kelly Tshibaka Leaked Draft Supreme Court
    • Gov Whitmer State of Emergency Tornado
    • Gov Whitmer Statement Severe Weather
    • NC Transition 988 Suicide Prevention Number
    • Jacquelyn Garcia Vadnais Judge Passion
    • Passion Open Call Judge Daniel Corazar
    • Passion Open Call Judge Melissa Hernandez
    • Passion Open Call Judge Morgan Falconer
    • Multipart Project New Work Carmen Winant
    • Experience Art of Jazz Greater Philadelphia
    • Passport to History Teachers Night Out
    • Bethlehem Chamber Annual Awards Reception
    • America First Institute Statement Title 42
  • Supporting ALL Law Enforcement
  • Thanks to the sponsors
  • Staff and Contact Information
  • Archive 2022
  • Archives 2021
    • Community >
      • Feeding the Homeless Philadelphia
  • Archives 2020
  • Archives 2016 - 2019
  • A Valley and Beyond