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Rep Joseph Bellino
Rep. Bellino: New law offers one-time DUI offenders a chance to move beyond mistake
RELEASE|August 26, 2021

Michiganders who have one offense on their records related to driving under the influence will now have an opportunity for a clean slate, thanks to a new law spearheaded by state Rep. Joe Bellino.

Bellino, of Monroe, said the new law gives people with certain operating while intoxicated (OWI) convictions the option to seek expungement of their first offense five years after probation ends.

“OWI is one of the most common charges in Michigan, and it also has one of the lowest recidivism rates – meaning most people charged with this crime learn from their mistake and do not become repeat offenders,” Bellino said. “Unfortunately, having even one crime on your record can have lingering consequences, making it difficult to find a good job, get a student loan, and even travel to Canada. The changes we made will allow people who have made a one-time mistake to earn a clean slate and get their lives back on track.”

The bipartisan legislation, sponsored by Bellino and Rep. Tenisha Yancey (D-Grosse Pointe), is expected to allow an estimated 200,000 non-repeat OWI offenders to have the opportunity for expungement. This includes first-time offenses for:

  • Operating a vehicle with a blood alcohol content (BAC) level of .08 or more.
  • 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.
  • Operating a vehicle with any bodily amount of cocaine or a Schedule 1 controlled substance.

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. 

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