OPERATING WHILE INTOXICATED; EXPUNGEMENT S.B. 177:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 177 (as introduced 2-24-21)
Committee: Judiciary and Public Safety
CONTENT
The bill would amend Section 1c of Public Act 213 of 1965, which provides for setting aside convictions in certain criminal cases, to specify that the prohibition against setting aside a conviction for operating while intoxicated (OWI) would not apply to a first violation if the person had not previously applied to have and had had a first time OWI offense conviction set aside.
Section 1c specifies that a person may not apply to have set aside, and a judge may not set aside, a conviction for certain traffic offenses, including a conviction for OWI committed by any person.
Under the bill, the prohibition on setting aside a conviction for OWI would not apply to a conviction for a first violation operating while intoxicated if the person applying to have the first violation OWI offense conviction set aside had not previously applied to have and had had a first time operating while intoxicated offense conviction set aside. However, a conviction for a first violation OWI offense that could be set aside upon application would not be eligible for and could not be set aside without application.
"First violation operating while intoxicated offense" would mean a violation of any of the following committed by an individual who at the time of the violation has no prior convictions for violating Section 625 of the Michigan Vehicle Code:
-- Sections 625(1), (2), (3), (6), or (8) of the Vehicle Code (see BACKGROUND for more information on these offenses).
-- A local ordinance substantially corresponding to those sections listed above.
-- A law of an Indian tribe substantially corresponding to those sections listed above.
-- A law of another state substantially corresponding to those sections listed above.
-- A law of the United States substantially corresponding to these sections listed above.
"Operating while intoxicated" would mean a violation of any of the following that is not a first violation operating while intoxicated offense:
-- Sections 625 or 625m of the Vehicle Code.
-- A local ordinance substantially corresponding to those sections listed above.
-- A law of an Indian tribe substantially corresponding to those sections listed above.
-- A law of another state substantially corresponding to those sections listed above.
-- A law of the United States substantially corresponding to these sections listed above.
The bill would take effect on April 11, 2021.