Effective February 19, 2022, first time-only time drunk driving offenders can apply to have the conviction set aside. In order to be eligible to have a one-time drunk driving conviction set aside, 5 years must have passed since the person’s term of probation ended.
The new DUI set aside statutes apply to those with only one OUI or impaired driving conviction, but do not apply in cases where injury or death was caused, or for those driving on a CDL at the time of their DUI. MCL 780.621c. In ruling on a petition to set aside a first time-only time DUI, the court is allowed to consider whether the person has benefited from any rehabilitative or educational programs, and whether those programs were done before or after sentencing.
It took a little longer than expected for this law to be signed by the governor, but it stands to provide much needed relief to those whose careers have been hindered by a one-time mistake.
Although these changes do not take place until February 19, 2022, it’s never too early to start getting the necessary documentation together and hiring a lawyer to help you file the petition. Contact the criminal defense lawyers at Willey & Chamberlain today to get the process going.