While Michigan law allows for different variations of Operating While Intoxicated offenses,
the most common offenses are for Driving/Operating Under the Influence (DUI/OWI) and
Operating/Driving While Visibly Impaired (OWVI/DWVI).
As seen below, Operating While Intoxicated offenses are generally prosecuted based on
the amount of DUI’s an individual has accumulated to that point (See MCL 257.625 at
bit.ly/midui-mvc).
- DUI-1st offense (Misdemeanor-93 day Max)
- DUI-2nd offense (Misdemeanor-1 Year Max)
- DUI-3rd offense (Felony-5 Year Max)
Traditionally, these types of offenses have been excluded from expungement under
Michigan law. However, that changed with the passage of HB 4219 (see bit.ly/midui-4219)
and HB 4220 (see bit.ly/midui-4220) of 2021. These amendments to Michigan’s Clean
Slate Act went into effect on Feb. 19, 2022, and opened the door for expungement of
certain DUI offenses.
Download>> Clean Slate for First-Violation DUI Fact Sheet – Updated February 13, 2025
