On January 3rd, 2007 the Governor signed Public Act 564 and Public Act 565 into law. These Acts significantly increased the maximum penalties of habitual drunk driving offenses. These laws were commonly known as “Heidi’s Law”.
Heidi Steiner was a teenager from Antrim County who was killed by a drunk driver in 1991. That drunk driver was subsequently charged and convicted of manslaughter which led to a 1-year prison sentence. After his release in 2001, he was charged with his third drunk driving offense. For that offense, he was charged with a misdemeanor instead of a felony because the then-existing statute had a 10-year lookback period to turn operating while intoxicated offenses into felonies., Since his previous two drunk driving conviction occurred more than 10 years before that instant offense, he was charged with a misdemeanor operating while intoxicated. The worst penalty possible at that time was 93 days in jail, despite his past and Heidi’s death previously. This was perceived as an injustice to the public which led to an uproar and called for the Michigan Legislature to respond. The Michigan Legislature thus made the Operating While Intoxicated (OPWI) statute more aggressive – with Heidi’s Law.
Prior to January 3, 2007, a person convicted of OWI for the first time was guilty of a misdemeanor punishable by up to 9 days in jail. A second conviction of drunk driving within a sever year period a person was guilty of a misdemeanor punishable by up to 1 year in jail. If the offense occurred more than seven years after the first drunk driving conviction, then the person was only responsible for a misdemeanor up to 93 days in jail (essentially, every 7 years, resetting the highest punishment a person could get for a second offense, etc.). For a third conviction OWI within a ten year period, a person was guilty of a felony punishable by 5 years in prison. If the third offense drunk driving occurred after the 10 year period, then the person was guilty of a misdemeanor – 93 days in jail.
After January 3rd, 2007, the timeframes were modified. The first-offense and second offense drunk driving penalties remained the same. However, Heidi’s Law changed a third offense or felony drunk driving.
For any third or subsequent offense (4th, 5th, etc.) of operating while intoxicated or operating with any Schedule 1 or Schedule 2 drugs, regardless of the number of years that have elapsed since any prior conviction, the penalty is a felony conviction punishable by
- A fine between $500.00 - $5,000.00.
- Prison sentence between 1 to 5 years or probation with a jail sentence between 30 days and one year (48 hours must be served consecutively) and community service between 60 and 180 days.
- Driver’s License revoked for at least one year.
- Vehicle immobilization or forfeiture.
MCL 257.625(9)(c)
For any third or subsequent offense of operating while visibly impaired, regardless of the number of years that have elapsed since any prior conviction the penalty is a felony conviction punishable by
- A fine between $500.00 and $5,000.00
- Prison sentence between 1 to 5 years or probation with a jail sentence between 30 days and one year (48 hours must be served consecutively) and community service between 60 and 180 days.
- Driver’s License revoked for at least one year.
- Vehicle immobilization or forfeiture.
MCL 257.625 (11)(c)
For any violation of child endangerment (operating a vehicle while intoxicated with a person less than 16 years of page present in that vehicle) occurring either within 7 years of a prior conviction or for any third or subsequent offense of child endangerment, regardless of the year number of years that have passed since any prior conviction, the penalty is a felony punishable by
- A fine between $500.00 and $5,000.00
- Prison sentence between 1 to 5 years or probation with a jail sentence between 30 days and one year (48 hours must be served consecutively) and community service between 60 and 180 days.
- Driver’s License revoked for at least one year.
- Vehicle immobilization or forfeiture.
MCL 257.625(7)(c)
In summary, Heidi’s Law caused someone accused in their lifetime of a third drinking and driving offense to face a felony charge. No matter when in their life the first and second offenses occurred and no matter where they occurred (other states); if an individual had two prior drinking and driving offenses on their record and were charged at any point in their lifetime (after 1/3/2007) they would face a felony offense.
Heidi’s law not only changed a third offense DUI to a felony, but also changed the prospect of facing a mandatory minimum of jail or prison time.
Further, the driver’s license sanctions will force the Michigan Secretary of State to revoke your driver’s license for between 1 and 5 years. This means that if you have been convicted of a second DUI within 7 years, your license will be revoked for a minimum of one year. If you have been convicted of a third OWI/DUI within ten years your license will be revoked for a minimum of five years.
In order to have your driver’s license reinstated in Michigan you must appeal to the Office of Hearings and Administrative Oversight with Secretary of State. In that hearing you must present proof to the Hearing Officer of your sobriety. The OHAO requires a minimum of one year of complete sobriety from all substances (unless they are prescribed, i.e. Medical marijuana, prescription medications.)
In order to petition to have your driver’s license reinstated you must present a 257 Form, a Substance Use Evaluation, a least three letters from community support, and a 12 panel drug test. All of these documents must consistently support your sobriety for the minimum required 12 month period. You can learn more about driver’s license restoration matters at our link here.
Or feel free to contact our office for a free confidential consultation.
If you or a loved one has been charged with Operating While Intoxicated/Drunk Driving, contact our office today for a free confidential consultation to discuss your options. You don’t have to face the criminal justice system alone. Contact one of our experienced Michigan Drunk Driving Attorney’s today.